There are two main routes to injury claim settlement: settlement with an adjuster without a legal claim, and settlement with a lawyer before or after filing a legal claim. A settlement means a resolution to your claim without the matter
BAD AND FAULTY PRODUCTS CAN CAUSE SERIOUS INJURY
As product liability lawyers located in Halifax and serving all of Atlantic Canada, NOVA Injury Law handles cases where serious injury has resulted through expected use of a product.
All companies who manufacture products must ensure the products they offer are safe to use. Nova Scotians 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.
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. 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. If possible, hang on to the faulty product and any related receipts or paperwork. This will be important if you pursue a claim against the manufacturer.
Be sure to speak to your family doctor or attend a walk-in clinic to discuss any injuries you have sustained. Your health is second to nothing.
Why not take advantage of our no-risk free case assessment? At worst, you’ll understand the law related to your claim, have a good understanding of your product liability claim and have an indication of any compensation you may be entitled to receive. At best, you’ll have an experienced Halifax product liability lawyer working directly on your case from start to finish.
WHAT IS A PRODUCT LIABILITY CLAIM?
Product liability claims, in Canada, are typically tort law actions that arise when someone uses an unsafe or defective product that injuries them in some way. While not every time someone is injured using a product will give rise to a product liability claim, some situations may be grounds for a lawsuit.
Common product liability claim triggers are:
1. Negligent Design
This situation arises when a manufacturer had a safer design available to them at the time of development and failed to use this reasonable alternative.
2. Negligent Manufacture
This situation arises when a product was not made in accordance with the manufacturer’s design specifications, causing the product to be dangerous. However, not all these situations lead to a viable claim. This design defect must be proven to be the result of non-compliance with manufacturing standards.
3. 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 and the manufacturers fail to warn users of this risk.
WHO IS THE TARGET OF PRODUCT LIABILITY CLAIMS?
Now that we have established common types of product liability claims, it is important to know exactly who may be responsible, or liable, for these defects.
Liability can potentially fall on any participant throughout in the supply chain, from the retailer to the manufacturer. However, the standard of care will change depending on where the defendant is in the supply chain.
Generally speaking, the highest standard of care will be held by manufacturers and the lowest by retailers.
HOW DOES SOMEONE PROVE PRODUCT LIABILITY?
In Canada, generally speaking, claimants must demonstrate negligence on behalf of the manufacturer or retailer.
The product must create an unreasonable risk of harm when used it as it was intended to be used. This must be due to the negligent manufacture, design or warning of the product.
Specifically, the plaintiff must be able to demonstrate that:
A) The defendant (company with the faulty product) owed a duty of care
B) The defendant breached their duty of care
C) The plaintiff suffered damages as a result of this breach
D) These damages are causally linked to the defendant’s breach of their duty of care to you. This portion, known as causation, is evaluated on what is called the ‘but-for’ test. Here, claimants must establish on a balance of probabilities that they would not have suffered damage but for the defendant’s breach of its duty of care
While this will change slightly depending on the specific type of product liability claimed, this is the general layout of a negligence claim.
WHAT DAMAGES DO PRODUCT LIABILITY INJURY VICTIMS RECEIVE?
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. This is known as indemnification.
Some typically damage categories consist of:
A) General damages for pain and suffering (caselaw in Canada has capped this around 380K)
B) Past and future loss of income
C) Past and future cost of care and medical expenses
D) Loss of valuable services – this accounts for inability to perform tasks like household chores that the injury victim used to be able to do prior to the injury
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.
YOUR PRODUCT LIABILITY LAWYER HALIFAX, NOVA SCOTIA
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 detains 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.
Call us today at to get your free case review! Or, email us at email@example.com
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