Sydney Product Liability Lawyers Fighting for the Compensation You Deserve!
When you purchase a product you don’t expect it to not work, or contain something different than what is on the label.
You certainly don’t think it will cause you harm or even kill you (except if they are cigarettes, and they come with the warning at least).
As mass-consumers of products in a highly regulated world – we naturally think that most products on offer are safe for use. We tend to believe marketing when they say a product will do something or have a certain quality.
Unfortunately, this is not always the case and a product liability lawyer will be needed.
What is the Law in Nova Scotia with Respect to Product Liability?
Product liability is an area of law that concerns the responsibility of manufacturers and sellers for any harm caused by their products. 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.
Statutory law in Nova Scotia includes the Sale of Goods Act, which 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?
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 – if the product is used in a way that was not reasonably foreseeable, the manufacturer or seller may not be held liable for any resulting injuries.
What are the Common Ways Products Can Cause You Harm?
- 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.
- 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.
- 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 Will NOVA Injury Law Pursue a Compensation Claim 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 can begin the process of gathering evidence, reviewing medical records, and consulting with experts in fields such as engineering, medicine, pharmacies, 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.
Once we have jointly decided to pursue the matter – we use our negotiation skills to secure you a settlement. In rare cases, we may have to go to trial. 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 quantum 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.
While product liability claims are often complex and time-consuming – engaging NOVA Injury Law as soon as possible after sustaining damage from a defect is your best chance at receiving maximum compensation.
Why is it Important to Speak to a Product Liability Lawyer as Soon as Possible After Sustaining Damage from a Product or Advertising Defect?
- 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.
Finally, It gives our legal team more time to build your case and devise a legal strategy designed to maximize your compensation amount.
Call Our Sydney Product Liability Lawyers Today if You Have Been Injured by a Product or Marketing Defect or Breach of Warranty
The longer you wait, the more chance evidence can be called into question.
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.
This is part of the reason that NOVA Injury Law is considered to be the premier personal injury law firm in Nova Scotia, and is a key reason why NOVA Injury Law is trusted by countless injury victims across Sydney, Cape Breton and beyond.
Our lawyers are also part of the community in Sydney, Nova Scotia – 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. Remember 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 a product liability claim, you can reach us by calling 902-702-3042 or writing Jeff Mitchell at [email protected] 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!