Summerside Product Liability Lawyers Winning you the Compensation you Deserve
Do you trust the products you buy to be safe and reliable? This is something we’ve come to expect from most of the things we buy every day – whether it be from the County Fair Mall, Spinnakers’ Landing or anywhere online. Unfortunately, it’s not always the case, and when a product fails to live up to its promises, it can be mildly frustrating, downright infuriating, or it can have disastrous consequences. From harmful chemicals to malfunctioning machinery, product liability cases can leave innocent people seriously injured, or worse.
If you or a loved one have suffered due to a defective product, you need to take immediate action. The product liability lawyers at NOVA Injury Law are here to fight for your rights and help you get the compensation you deserve.
We know that navigating a product liability case can be a daunting task, but our team is dedicated to making the process as easy as possible. We’ll offer a Free Case Review to help you understand your legal options and assess the strength of your claim. If you choose us to fight in your corner, our lawyers will work tirelessly to hold the manufacturers accountable for their negligence.
You shouldn’t suffer because of a company’s carelessness. Contact us today to get the justice you deserve and put an end to the dangerous practices that put innocent lives at risk.
What is the law on Prince Edward Island 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 pertains to the responsibility of manufacturers and sellers for any harm caused by their products. On Prince Edward Island, this legal concept is governed by both common law and statutory law.
The term 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 ought to have known about the defect, and failed to take reasonable steps to prevent harm to consumers.
Statutory law on Prince Edward Island includes the Sale of Goods Act, which imposes several obligations on sellers, including the responsibility to sell goods that are fit for their intended purpose, of a reasonable quality, and free from defects that would make them hazardous to use.
It’s also important to note that on PEI strict liability can apply.
What is strict liability?
Strict liability is the legal concept that holds a manufacturer or seller responsible for any harm caused by their product, regardless of whether they were negligent or not. In order to establish strict liability, it must be proven that the product was defective, that the defect caused the injury, and that the plaintiff experienced damages as a result. However, it should be noted that there are limitations to this rule, like cases where the product was used in a manner that was not reasonably anticipated, which could mean the manufacturer or seller is not liable for resulting injuries.
Products can cause you harm…here are some common examples
The claims that are most commonly encountered in product liability cases include:
- Improper use: poorly maintained devices that result in harm to the victim.
- Design defects: inherent flaws in a product’s design that make it unsafe.
- Manufacturing defects: occur during the manufacturing process.
- Marketing defects: how a product is marketed or labeled.
- Failure to warn: when a product does not come with adequate instructions or warnings for safe use.
- Breach of warranty: when a product does not meet the express or implied warranty made by the manufacturer or seller.
Generally, product liability claims occur when a defective product harms a consumer, and the manufacturer or seller is found responsible. It is crucial to seek legal advice from product liability lawyers right away if you have been injured by a defective product.
When a product is faulty, how can NOVA Injury Law help you to seek compensation?
When determining the damages and the amount of compensation that may be available for a product liability claim, we take the following factors into consideration:
- Severity and extent of injuries: We consider the severity of the injuries sustained, the pain and suffering experienced, and the impact that the injuries have had on the claimant’s quality of life.
- Medical expenses: We assess the medical expenses incurred, including past and future medical treatment, rehabilitation, and therapy.
- Loss of income: Our lawyers evaluate the claimant’s loss of income, such as lost wages or benefits due to the injury, and any potential future loss of earnings due to ongoing medical treatment or reduced earning capacity.
- Property damage: We review any property damage caused by the defective product, and assess the value of the damage and any associated repair or replacement costs.
- Punitive damages: In certain cases, we may seek punitive damages to deter irresponsible manufacturing or advertising conduct from happening again.
Although product liability claims can be complex and lengthy, seeking help from NOVA Injury Law will give you the fastest and greatest chance of getting maximum compensation.
Speak with a product liability lawyer immediately, if you’ve sustained damage from a product or advertising defect
Preserving evidence is essential in product liability cases to establish liability and determine the extent of damages. By scheduling a Free Case Review early, you can make sure that evidence is properly secured and preserved. This is crucial to establishing liability and damages in product liability cases, but memories can fade over time. Act NOW, so our team can gather witness testimony while it is still fresh and accurate, and we can build a strong case and legal strategy.
NOVA Injury Law will help with your product liability claim right away and help you to get you the compensation you deserve
NOVA Injury Law’s team of experienced product liability injury lawyers will work alongside expert physician Dr. Laura Mitchell, and other medical authorities to build you an airtight case from the first free consultation. Working closely with medical professionals means that NOVA Injury Law can quickly assess injuries and gather compelling medical evidence to support your claim.
Depending on your injuries, our legal team, with the help of 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. Our team will proactively organize expert occupational therapists to help you recover from your injury, and 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 green light 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 on PEI, and is why NOVA Injury Law is the trusted personal injury law firm by countless Islanders
Our lawyers are also part of the community in Summerside, PEI – 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 PEI Office of the Superintendent of Securities, depending on your case.
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.
To schedule a Free Case Review and consultation with NOVA Injury Law, you can call 1-800-262-8104 or email Jeff Mitchell at jeff@novainjurylaw.com. The firm operates on a contingency fee basis, meaning that you won’t have to pay any fees unless they secure a settlement for you. Contact them today to learn more about your legal right to recover compensation.