What Are The 3 Types of Product Liability Claims?

Product Liability Claims

What Are The 3 Types Of Product Liability Claims?

When you buy a product – whether it is a coffeemaker, blender, medical device, pharmaceutical drug, a toy for your child, or any other – you expect it to work as intended without hurting you. The last thing you expect is to get injured from using a product. Unfortunately, not all products that customers buy are reasonably safe. Any product can be defective or inherently dangerous without you realizing it.

If you or your loved one has suffered injuries because of a defective product, consider speaking with a knowledgeable product liability lawyer in Hamilton to discuss your particular situation. Contact Virk Personal Injury Law to determine whether or not you have a product liability claim against the manufacturer or other parties to recover damages. Call our offices in Hamilton at (905) 521-8888 or book a free consultation online.

3 Types of Product Liability Claims in Hamilton, Canada

Canada has strict laws in place to hold manufacturers, retailers, suppliers, and other parties in the chain of distribution liable for any damages caused to injured consumers. Particularly, Canadian law recognizes three types of product liability claims that enable consumers to seek compensation for their damages and losses:

1. Manufacturing Defects

In Rivtow Marine Ltd. v. Washington Iron Works (1973), the Supreme Court of Canada held that manufacturers owe a duty to consumers to ensure that the manufacturing process does not result in any defects which are likely to cause injuries through the reasonable and ordinary use of the product.

In other words, manufacturing defects occur as a result of errors made in manufacture. A product can contain a manufacturing defect even when its design is flawless. Many product liability claims are brought by injured consumers alleging manufacturing defects.

2. Design Defects

Unlike manufacturing defects, design defects occur when the product is inherently defective or unreasonably dangerous because of the way it was designed. In this type of product liability claim, a consumer is hurt either because the product was improperly tested or designed. This type of claim alleges that the entire line of products has a faulty design that makes it unreasonably dangerous to consumers.

3. Failure to Warn

The third type of product liability claim is not based on any manufacturing or design defects. Instead, it alleges that the manufacturer, marketer, retailer, or another liable party failed to provide proper warning or instructions for the product.

Even if a product has a safe design and was properly manufactured, it could still pose a danger to consumers when it does not contain proper warnings or instructions regarding its use.

Why You Need a Product Liability Lawyer in Hamilton

In the common law provinces of Canada, including Ontario, the party bringing a product liability claim has the burden of proof to establish that the product that caused their injury was defective.

Under Ontario tort law, a plaintiff filing a product liability lawsuit must:
1. prove that the product was defective; and
2. establish a link between the defect and their personal injury.

The importance of seeking legal counsel from a product liability lawyer in Hamilton cannot be overstated. An experienced lawyer will investigate the case and examine various aspects of the design, manufacturing, distribution, and other processes to build a strong case on behalf of their client.

Contact a Product Liability Lawyer Hamilton at Virk Personal Injury Law

At Virk Personal Injury Law, our results-driven lawyers are committed to helping injured consumers in Hamilton and throughout Ontario pursue successful product liability lawsuits against manufacturers, retailers, designers, distributors, and other liable parties.

Discuss your unique case with our product liability lawyer Hamilton if you were injured due to a defective or inherently dangerous product. Call (905) 521-8888 or book your free consultation online.