Nova Scotia Product Liability Lawyers Getting You the Compensation You Deserve
All companies who manufacture products must ensure the products they offer are safe to use. Canadians in Charlottetown and beyond regularly purchase consumer products from retailers with the reasonable expectation that these products will be high quality and safe. Likewise, Nova Scotians also have the right to believe any medical devices or pharmaceuticals used to treat them will be free from defects. From personal products to hair color to medications, we as a society operate under the assumption that day-to-day use products are harmless. Thus, when something goes wrong with a product we use that leads to harm, it has the power to turn our entire world upside down in a matter of minutes.
While it is true that most products meet the standards required by the Canadian Government, sometimes unsafe products make their way into the mix. When this happens, defects may only become apparent after the product has been used, sometimes over time. By this time, it is often too late. Defective products and the injuries they cause often leave people feeling confused and angry. It is important to know that when a defective product has injured you, you are entitled to compensation from the designer, the manufacturer, or both.
What is a Product Liability Claim?
How many products, devices, or public resources do you interact with on any given day? From the toothbrushes we use in the morning, to the coffeemakers, to children’s products like strollers, to the benches we rest on to wait for the train, our lives are filled with products designed to make our lives easier. Unfortunately, sometimes an oversight in the design of a product can lead to a serious unexpected injury for the consumer. When this happens, victims can be left feeling frustrated, confused, and defeated. If you have been injured while attempting to correctly use a product, whether at work or in the safety of your own home, you may be entitled to compensation for your pain and suffering.
Common product liability claim triggers are:
- Negligent Design
This situation arises when a manufacturer had a safer design available to them at the time of development but failed to use this reasonable alternative in favor of another design. If it is proved that safer designs considered were just as logically and financially viable, then you may be entitled to compensation for your injury.
- Negligent Manufacture
This situation arises when a product was not made in accordance with the manufacturer’s design specifications, causing the product to be unreasonably dangerous.
- Breach of the Duty to Warn
This arises when there is a reasonably known risk of harm from the product’s use that is not obvious to foreseeable users, even for correct use of the product. An example of a breach of duty to warn might be failing to place a warning label on a piece of machinery.
Who is at Fault in Product Liability Claims?
Liability can potentially fall on any participant throughout the supply chain, from the retailer to the manufacturer. Product designers and manufacturers play different roles in the creation of a product; while they both can be held accountable for problems their products cause, they will ultimately be responsible for different levels of compensation. Retailers, people that merely hand the product from the manufacturer to the consumer, play the smallest role.
If you are considering taking legal action for an injury sustained while using a poorly designed or manufactured product, consider reaching out to the experienced lawyers of NOVA Injury Law for a free consultation. You are at no obligation following this consult, and we are available 24 hours a day, 7 days a week.
What Kinds of Damages and Compensation do Victims in Product Liability Cases Get?
While this varies depending on the specific facts of the situation, the general idea in tort law regarding damages is that the system should restore the injured person to the position they would have been in had the defendant’s negligence not occurred.
Some typical damage categories found in product liability cases include:
- General damages for pain and suffering (case law in Canada has capped this at around 380k)
- Past and future loss of income
- Past and future cost of care and medical expenses
- Property Damage caused by the defective product
- Loss of valuable services or pure economic loss – this accounts for the inability to perform tasks like household chores that the injury victim used to be able to do prior to the injury, not just services provided in a workplace setting
Remember, these are only some forms of damages you may be entitled to. For an accurate assessment, it is always best to consult a proven product liability lawyer for quality legal services. They will be able to tell you which kinds of compensation apply to your case and will help you determine the amount that you are eligible for.
How can a Lawyer Help Me With My Case?
NOVA Injury Law works so our clients can focus on what matters most, healing. This is why we advance a personalized legal strategy based on the specifics of every claim and guide clients through each step of their claims. During our free case review, one of our proven product liability lawyers explains each component of the claim with no risk or obligation. We want to ensure injury victims know the important details of their claims, their value, and whether a product liability lawyer will add value on their behalf.
From here, if they feel that NOVA Injury Law is the right firm to win their claim, we offer a ‘no-win, no-fee’ guarantee, meaning our services come at no cost until a settlement is reached. If we don’t help you win, you don’t pay. Aside from the free case review, the no-obligation consultation, and contingency fee agreement available for many types of claims, NOVA Injury Law is a proudly Nova Scotian law firm that offers something that other law firms in Nova Scotia do not – we are the only injury law firm in Atlantic Canada with a doctor as part of our leadership team.
If you or one of your loved ones has been the victim of an accident, injury due to a faulty product, or any other type of injury caused by the negligence of another party, please contact the veteran personal injury lawyers of NOVA Injury Law today. For more information or to set up an initial consultation for legal services, you can reach us by calling 1-800-262-8104 at any time; no obligations attached.