Bedford Product Liability Lawyers Get You the Compensation You Deserve
We purchase products every day and assume they will be safe and reliable. When you’re looking around Bedford Commons, Mill Cove Plaza, or Sunnyside Mall, you’ll see department stores promoting the best new things at affordable prices. You never expect these products to be faulty, but that’s not always the case. Companies that prioritize their bottom line over consumer safety often cut corners and release defective products into the market, putting innocent people at risk of harm.
Whether it’s the use of harmful chemicals or faulty manufacturing, the consequences of a product liability case can be severe. Innocent people can suffer injuries, medical bills, and lost wages as a result of a company’s carelessness.
At NOVA Injury Law, we understand the devastating impact that defective products can have on people’s lives. That’s why our experienced product liability lawyers are here to help you fight for justice and the compensation you deserve.
Navigating a product liability case can be complicated and intimidating, but our team is committed to making the process as easy as possible for you. We offer a Free Case Review to help you understand your legal options and what to do next. If you choose to work with us, our lawyers will work around the clock to hold the manufacturers accountable for their negligence.
You shouldn’t suffer because of a company’s negligence. Contact us today to take action and put an end to the dangerous practices that put innocent lives at risk. Let us help you get the justice you deserve.
What is the law in Nova Scotia on 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 Nova Scotia, 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.
The Sale of Goods Act imposes a number of 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 Nova Scotia has a strict liability regime in place.
What is strict liability in a product liability case?
This is when 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
- 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 expected, the manufacturer or seller may not be held liable for any resulting injuries.
Common ways products liabilities can cause you harm
- Improper use: 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, a surgical instrument that hasn’t been properly cleaned and looked after, causing injuries during surgical procedures.
- 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.
- 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.
- 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.
Generally, product liability claims happen 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 compensation 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, an experienced lawyer will gather evidence, review medical records, and consult with experts in fields like engineering, medicine, pharmacies, and toxicology.
We will then 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.
When you’re ready to pursue the matter, we will take a meticulous approach to investigating the incident further, evaluating the product for any defects, and determining which person or company is responsible. If you are injured, we engage medical and financial experts to determine the full impact of these to your life and determine the maximum amount of compensation that you may be entitled to.
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 assessing available damages and the extent 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.
Product liability claims are often complex and time-consuming, so it’s important to speak with NOVA Injury Law as soon as possible after your injury, to have the best chance at receiving maximum compensation.
Why should you speak to a product liability lawyer as soon as possible after your injury?
Speaking with a product liability lawyer promptly after sustaining an injury from a product or advertising defect is important for three key reasons.
- 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.
- Legal strategy: Finally, It gives our legal team more time to build your case and devise a legal strategy designed to maximize your compensation amount.
Speak to NOVA Injury Law at once if you’ve sustained an injury as a result of a product defect, marketing defect or breach of warranty
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 help with legal team 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 firms in Nova Scotia, and trusted by countless Bedford residents.
Our lawyers are a part of the community in Bedford, and our founder, Jeff Mitchell is proudly Nova Scotian born and raised. He grew up in the Bedford area, and his team works closely with professionals, community groups and volunteers all over the city to build your case and 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, 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!