Your Personal Injury Lawyers
Ottawa Defective Product Lawyer
We all expect that a product we purchase works as advertised. Unfortunately, some products do not work properly or do not fulfill the task we thought they would, leaving us feeling like we have wasted our money.
In far more serious situations, not only does the product not work properly, it may be unsafe. In a case like this, the person using the product may suffer an injury, possibly an extremely serious injury that leaves his or her quality of life far less than it was before using the defective product.
If you believe a malfunctioning product led to your or your loved one’s injuries, you may want to hire an Ottawa defective product lawyer to protect your rights to seek compensation. At Preszler Injury Lawyers, our team may be able to study the facts in your case and attempt to determine what your case is worth. Call us at 1-800-JUSTICE as soon as possible for a free initial consultation.
Potential Compensation for Injuries Due to a Defective Product
In a case where you have suffered injuries after using a malfunctioning product, you have a few items for which you may potentially receive damages if the facts show the manufacturer is liable for your injuries. These include:
- Hospital bills
- Doctor bills
- Prescription drug costs
- Cost of equipment needed for therapy
- Physical therapy costs
- Loss of income from missed work
- Potential loss of future income
- Pain and suffering
- Costs for hiring others to help with your household maintenance during your recovery period
- And more if you qualify
You also may be able to recover punitive damages. However, a court rarely awards these damages, because the facts must show that the manufacturer acted in a purposeful and reckless manner in creating or selling the product.
Protection for Consumers in Ontario
In Ontario, consumers have rights available under the Consumer Protection Act. In cases that do not result in an injury, you can file a consumer complaint against the business that sold you the defective product or that wronged you and violated your consumer rights.
However, if using the product results in an injury, filing a complaint may not be enough, because you may have incurred damages that qualify for compensation. You may instead want to file a product liability lawsuit against the manufacturer.
An Ottawa defective product lawyer can help you determine whether your case could be eligible to receive compensation. When you hire Preszler Injury Lawyers, we may be able to begin working on your case immediately. Call us today at 1-800-JUSTICE. We do not collect a fee until the case reaches a satisfactory settlement.
The Unique Characteristics of a Product Liability Claim
To be potentially eligible to receive compensation in defective product lawsuit, you, as the victim, must prove negligence on the part of the manufacturer of the product. This means you must be able to show that the manufacturer did know or should have known that the product was defective and could cause injuries.
The victim must also be able to show that he or she used the product and that the product’s unsafe nature caused the injuries.
You may attempt to show that the manufacturer failed to take the proper steps to ensure the safety of the device, either during the construction phase or during the testing phase. Additionally, if the instructions for the product contained an error that led to your injuries, this could also help you prove your case.
Sale of Goods Act
In Ontario, the Sale of Goods Act also provides protection for Canadian consumers against unsafe and defective products.
When using this act, the retailer who sold you the product has a legal obligation to ensure that the product can perform a function as described by the salespeople or in any product literature. Under the act, you may be eligible to bring a lawsuit against the retailer or the manufacturer if either party made reckless or false claims about the product.
Contact Us Today to Discuss Your Product Liability Case
Receiving compensation after you have suffered an injury because of a malfunctioning product is not an easy or fast process. It is possible the insurance company representing the manufacturer may try to offer you a settlement quickly, but it may not be a truly fair amount. Other times, the insurance company may try to drag the process out, leaving you frustrated and unsure of what to do next.
As defective product lawyers, we know the techniques insurance companies use in product liability cases. We are ready to study the facts in your case and help you determine the fairest amount of compensation you potentially could receive.
At Preszler Injury Lawyers, we take pride in defending the rights of our clients. Call us at 1-800-JUSTICE today for a free initial consultation.
