St. John’s Product Liability Lawyers

When you buy a product in Avalon Mall, the Village Shopping Centre, or Torbay Road Mall, you expect it to work, and work in the way it is advertised and described in-store.

You don’t think that it could cause harm or even result in death.

In a world where we’re bombarded by a seemingly endless range of products, it’s easy to assume that everything we buy is safe and reliable. Unfortunately many companies put their bottom line ahead of your wellbeing, sacrificing your safety in the process.

As a result, defective and downright dangerous products hit the market every day, putting you at risk of financial ruin, serious injury, or even death. Don’t let these profit-driven corporations get away with endangering your life. Hold them accountable with the help of the experienced product liability lawyers at NOVA Injury Law.

The injury lawyers at NOVA Injury Law provide the following legal services in St. John’s:

What is the law in St. John’s Newfoundland 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 Newfoundland, 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 St. John’s, Newfoundland, 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 Newfoundland has a strict liability regime in place.

What does strict liability mean?

Strict liability means that a manufacturer or seller can be held liable for injuries caused by a defective product even if they were not negligent in producing or selling the product. To establish strict liability, it must be shown that the product was defective, that the defect caused the injury, and that the plaintiff suffered damages as a result.

There are limits to this of course. For example when the product is used by a consumer in a way that was not reasonably foreseeable, the manufacturer or seller may not be held liable for any resulting injuries.

How can products cause you harm?

Design defects: These are defects that are inherent in the design of a product, making it unsafe even when it is manufactured and used as intended. For example, a car with a design defect that causes it to roll over easily may be the subject of a product liability claim.
Manufacturing defects: These are defects that occur during the manufacturing process, making the product unsafe even though it was designed to be safe. For example, a batch of medication that is contaminated during production may be the subject of a product liability claim.
Improper use: This is perhaps the most common claim we come across. It relates to poorly maintained devices that don’t run properly, resulting in the injury to the victim. For example, dental drills that have not been regularly cleaned and looked after, causing injuries during dental procedures.
Marketing defects: These are defects that relate to the way a product is marketed or labeled. For example, a dietary supplement that is marketed as safe and effective, but that causes serious harm to consumers, may be the subject of a product liability claim.
Failure to warn: This is a type of marketing defect where a product does not come with adequate warnings or instructions for safe use. For example, a power tool that does not come with clear warnings about the dangers of using it without proper protective gear may be the subject of a product liability claim.
Breach of warranty: This occurs when a product does not meet the express or implied warranty made by the manufacturer or seller. For example, when a car that is sold through an ad saying ‘defect free’, but that has a faulty axle, the seller may be subject to a product liability claim.

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 does NOVA Injury Law seek damages for a defective product in St. John’s or elsewhere in Newfoundland?

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 suffered an injury due to a faulty product, a proficient lawyer can initiate the procedure of compiling evidence, scrutinizing medical reports, and seeking advice from specialists in fields like engineering, medicine, pharmacy, and toxicology.

From here we will assess the viability of your claim. We do this by weighing up the damages you have sustained, the cost of pursuing the matter – both in time and money, and the likelihood of success.

After deciding to pursue the case with our clients, we adopt a thorough approach to investigating the incident by examining the product for any defects and identifying the party or entity responsible. We also engage medical and financial experts to assess the full impact of the injuries on your life and determine the maximum compensation you may be entitled to receive.

Once we’ve gathered all the necessary information, we’ll draft a demand letter that includes a comprehensive assessment of the harm and financial losses you’ve incurred, as well as any future losses you’re likely to experience.

We’ll then negotiate with the responsible person or company’s insurer to negotiate a settlement that’s fair and just for you. In some cases, negotiations do not lead to the results we are looking for on your behalf. This means we have to go to court where our team of lawyers work tooth and nail to present the strongest possible case on your behalf.

It’s important to remember that the defendant or their insurance company may offer a settlement at any point. Here, we review the proposed settlement amount and evaluate it in light of your injuries, your needs and what we can expect for your future, so that we are making the right decision for you. Whatever the circumstances, we will be with you every step of the way.

How does NOVA Injury Law maximize a product liability compensation claim?

When evaluating the available damages and the amount of compensation for a product liability claim, we take into account the following factors while constructing 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.

Getting in touch with NOVA Injury Law as soon as possible after suffering damage from a defective product is your best chance at receiving maximum compensation, even though product liability claims can often be complex and time-consuming.

It’s crucial to speak with NOVA Injury Law right away if you’ve suffered an injury from a product or advertising defect

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. Witnesses also 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.

Make NOVA Injury Law your next call after a injury occurs in St. John’s, Newfoundland

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 an expert 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 a defective product has caused you to fracture or tear muscle or ligament, we would consult with an orthopedic surgeon. If a faulty product has 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 firms in Newfoundland, and is why NOVA Injury Law is the trusted personal injury law firm by countless Newfoundland residents.

Our lawyers are also part of the community in Newfoundland – so we can work with professionals, community groups, and volunteers all over the city to get you the support you need.

Contact NOVA Injury Law so we can schedule a Free Case Review, no-obligation consultation. 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 in St. John’s, 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!