Moncton, New Brunswick Product Liability Lawyers Fighting for the Compensation You Deserve
When you purchase a product from CF Champlain, Elmwood Plaza or even online, you expect it to work, and work in the way it is advertised and described in-store.
When it comes to the products we buy as consumers, we typically trust that they are safe for use and won’t cause harm. However, as we all know, this isn’t always the reality.
In today’s heavily regulated market, many companies prioritize their profits over consumer safety, resulting in defective and dangerous products being released to the public. As a result, people can suffer financial loss, injury, or even death. At NOVA Injury Law we have represented clients in countless product liability cases and understand the devastating consequences that defective products can have on purchasers
What is the law in New Brunswick with respect to product liability?
The underlying policy rationale of product liability law is to encourage the manufacture and distribution of safe products, and to discourage the marketing of defective products or products with inadequate warnings or instructions.” – Justice Iacobucci, in the case of Hollis v. Dow Corning Corp., [1995] 4 S.C.R. 634.
Product liability is an area of law that sets out responsibilities for manufacturers and sellers to prevent their products and services from causing harm to consumers. In New Brunswick, product liability is governed by both common law and statutory law.
Common law refers to the body of legal principles and rules that have been developed through court decisions. Under common law, a manufacturer or seller can be held liable for injuries caused by a defective product if they knew or should have known about the defect, and failed to take reasonable steps to prevent harm to consumers.
In New Brunswick, the Sale of Goods Act imposes a number of legislative obligations on sellers, including the obligation to sell goods that are fit for their intended purpose, of a reasonable quality, and free from defects that would make them dangerous to use.
Most importantly, however, is that New Brunswick has a strict liability regime in place.
What is strict liability?
Strict liability holds a manufacturer or seller accountable for injuries resulting from a defective product, regardless of whether they were negligent in the production or sale.
To establish this liability, it is necessary to prove that the product had a defect, which caused injury, and that the plaintiff suffered damages. However, there are limitations to this rule. For instance, if a consumer uses the product in a way that was not reasonably foreseeable, the manufacturer or seller may not be held responsible for any resulting harm.
How can a product put consumers in danger?
- One way is through improper use, which is a common product liability claim. This happens when devices are not properly maintained and malfunction, leading to injuries. For example, dental drills that are not cleaned regularly can cause harm during dental procedures.
- Another way is through design defects, which are inherent in the product’s design and make it unsafe even when used as intended. A car that easily rolls over due to a design defect is an example of a product that may be subject to a liability claim.
- Manufacturing defects are another cause of harm, resulting from defects that occur during the manufacturing process, rendering the product unsafe despite being designed to be safe. A batch of contaminated medication during production is an example of this type of defect.
- Marketing defects are defects that relate to the way a product is marketed or labeled. A dietary supplement that causes serious harm to consumers but is marketed as safe and effective is an example of a marketing defect.
- Failure to warn is a type of marketing defect, where products lack adequate instructions or warnings for safe use. A power tool that doesn’t come with clear warnings about the dangers of using it without protective gear is an example.
- Lastly, a breach of warranty occurs when a product doesn’t meet the manufacturer or seller’s express or implied warranty. For instance, a car advertised as “defect-free” but with a faulty axle is an example.
In general, product liability claims arise when a product causes harm to a consumer due to a defect, and the manufacturer or seller of the product is found to be responsible for that harm. If you have been injured by a defective product, it is important to consult with the product liability lawyers at NOVA Injury law immediately to determine whether you have a viable claim.
How will NOVA Injury Law pursue a compensation claim when a product is defective?
NOVA Injury Law offers Free Case Reviews, giving families the chance to consult with an experienced product liability lawyer free of charge.
If you have been injured by a defective product or false advertising, a qualified lawyer will initiate the process by collecting evidence, scrutinizing medical records, and consulting with experts in various fields such as engineering, medicine, pharmacies, and toxicology.
After this initial stage, we will assess the viability of your claim by examining the extent of your damages, the costs associated with pursuing the case in terms of both time and money, and the likelihood of success. Once we have determined that we can proceed, we take a thorough approach to investigate the incident further, examining the product or advertising for any defects or falsehoods and determining which person or company is accountable. In cases of injury, we work alongside medical and financial experts to assess the full impact of the damages on your life and determine the maximum amount of compensation you may be entitled to.
Once we have all the necessary information, we draft a demand letter that outlines the damages you have incurred, including any future losses you are likely to face. We then negotiate with the responsible party or their insurer to reach a settlement that is reasonable and just for you. In some cases, negotiations do not yield the desired results, and we must resort to filing a claim in court. Here, our team of lawyers work tirelessly to present the strongest possible case on your behalf.
It is important to note that the defendant or their insurance company may offer a settlement at any point in the process. In such instances, we review the proposed settlement amount and evaluate it in light of your injuries, needs, and future expectations to ensure that we are making the best decision for you. Regardless of the situation, we will be there for you every step of the way.
How does NOVA Injury Law maximize a product liability compensation claim in New Brunswick?
When assessing available damages and the quantum of those damages for a product liability claim, we consider the following when building your case:
- Nature and extent of injuries: We consider the nature and extent of the injuries suffered by the claimant, including the severity of the injuries, the pain and suffering endured, and the impact the injuries have had on the claimant’s quality of life.
- Medical expenses: We look at your medical expenses, including past and future medical treatment, rehabilitation, and therapy.
- Loss of income: The lawyer will consider the claimant’s loss of income, including any wages or benefits lost as a result of the injury, and any future lost earnings due to ongoing medical treatment or a decreased earning capacity.
- Property damage: We look at any property damage that may have been caused by the defective product, we assess the value of the damage and any associated repair or replacement costs.
- Punitive damages: In some cases, we may look at seeking punitive damages, so that we can deter irresponsible manufacturing or advertising conduct from happening again.
While product liability claims are often complex and time-consuming – engaging NOVA Injury Law as soon as possible after sustaining damage from a defect is your best chance at receiving maximum compensation.
Why is it important to speak to a product liability lawyer as soon as possible after sustaining damage from a product or advertising defect?
Evidence preservation: In product liability cases, evidence is often critical to proving liability and damages. Setting up your Free Case Review early can help you secure and preserve evidence properly.
Witness memory: Witnesses play an important role in product liability cases, and their testimony can be crucial to proving liability and damages. Unfortunately, witness memories can fade over time, making it harder to obtain accurate and detailed testimony.
Finally, It gives our legal team more time to build your case and devise a legal strategy designed to maximize your compensation amount.
If you believe that you have sustained injuries as a result of a product defect, marketing defect, or breach of warranty, speak to NOVA Injury Law right away
The longer you wait, the higher the chance becomes for your evidence to be called into question by the respondent’s lawyers.
Dr. Laura Mitchell is a practicing emergency room physician with special training in occupational medicine. Having a physician on hand means that our team of product liability injury lawyers can quickly assess injuries to start building a file of compelling medical evidence to support your claim.
Depending on your injuries, Dr Mitchell can then organize fast advice from a specialist. So if you have a fracture or a torn muscle or ligament, we would consult with an orthopedic surgeon or if a faulty product burnt your skin, we would seek the advice of a dermatologist. Likewise, Dr Mitchell can organize prioritized access to other occupational therapists who not only help our client’s recover from injury, but help us develop accurate forecasts of future recovery and rehabilitation needs.
From the moment you talk with us about your needs, you have immediate access to medical support and advice, and you give our lawyers the greenlight to build medically-backed watertight compensation claims in a way no other personal injury law firm can.
This is the key reason that NOVA Injury Law is considered to be one of the premier personal injury law firm in New Brunswick, and is why NOVA Injury Law is the trusted personal injury law firm of countless Moncton residents.
Our lawyers are also part of the community in Moncton, New Brunswick – so we can work with professionals, community groups, and volunteers all over the city to get you the support you need. We can also work with the New Brunswick Financial and Consumer Commission if need be.
Contact NOVA Injury Law so we can schedule a Free Case Review, no-obligation consultation. If you decide to pursue the matter, we will be by your side no matter what. Our contingency fee agreements mean you don’t pay a cent unless we get you a settlement.
For more information or to set up a Free Case Review for your product liability claim, you can reach us by calling 1-800-262-8104 or writing Jeff Mitchell at jeff@novainjurylaw.com now. Our team of lawyers is available 24 hours a day, 7 days a week, to support you and help you learn more about your legal right to recover compensation. Get in touch with us now to learn how we can help you!