Manufacturers are responsible for ensuring their products are safe for consumer use. Defective products can cause serious injuries. You can pursue personal injury compensation against a manufacturer if you’ve been harmed by their product.
Holding manufacturers accountable for supplying defective products is extremely important—but it’s not easy. Manufacturers tend to be large corporations with powerful resources to dodge defective product lawsuits. Product liability cases tend to be complex, involving several parties (e.g., the manufacturer, the seller, insurance companies), expert evidence, and an understanding of a variety of laws and regulations.
Let’s talk about how to hold a manufacturer liable for harm caused by their products.
Seek medical attention and follow treatment recommendations
You should have a doctor examine your injuries as soon as possible after the incident. Your doctor will document the extent of your injuries and recommend a treatment plan. Follow your doctor’s advice, continue to see your doctor regularly, and report all symptoms you are experiencing.
All of that is vital to helping you recover from your injuries. It’s also important because medical records produced by your doctor and any health professionals who provide treatment will be valuable evidence in your case against the product manufacturer.
Preserve the defective product
If possible, save the defective product, even if it is broken or partially used. It is critical evidence and may be needed for analysis or testing. Photographs or videos of the defective product are also very valuable.
Hire a personal injury lawyer
A personal injury lawyer with experience handling defective product lawsuits is highly advisable. You can gain an advantage by hiring our skilled product liability lawyers with a track record of obtaining favourable verdicts and settlements for our clients.
One of our team of lawyers will start by reviewing your case, explaining your legal options, and identifying who your claim is against. Manufacturers of products sold in Canada are often located in other countries or hidden behind layers of related corporations or subsidiaries, which makes it challenging to decipher who is responsible. Your lawyer can also determine if there are similar lawsuits against the manufacturer arising from the same defective product.
Report the incident
Reporting the defective product establishes an official record of the incident and can also protect others from harm. Notice should be given to the manufacturer and the appropriate authorities. For example, if a defective medical device caused your injuries, it must be reported to Health Canada.
Continue to collect and preserve evidence
In addition to medical records and the defective product itself, you and your personal injury lawyer will need other pieces of evidence to build a strong case against the manufacturer and any other wrongdoers.
Depending on the type of product and how the incident occurred, critical evidence may include witness statements, photographs of your injuries, purchase receipts, warranties, instruction manuals, maintenance records, product recalls, your detailed notes about how and when the incident occurred, and a pain journal documenting your symptoms, pain levels, and day-to-day limitations as a result of the injuries.
Determine whether expert opinion is needed
Expert testimony typically plays a pivotal role in personal injury lawsuits. Here are some examples:
A medical professional can provide expert opinion on the nature of the injuries you sustained, including diagnosis, prognosis, and recommended treatments.
An engineer or manufacturing expert can draw on specialized knowledge to provide an opinion on design defects or manufacturing defects.
If your injuries are catastrophic or so severe that you can’t return to your former employment, an economist can calculate the value of your losses over your lifetime, including loss of income earning potential, loss of benefits, and loss of retirement pension.
Start your product liability lawsuit
The law in Ontario is that most personal injury claims must be started within two years of the date on which the injury occurred. There are some exceptions, which you should discuss with your lawyer. The take home point is that if you miss the limitation period to start your lawsuit, the manufacturer will raise the limitation defence. Your claim will not be allowed to proceed if it was not started within the applicable limitation period.
Starting a lawsuit does not automatically mean your case will go to trial, but you must continue to prepare your case as if it will. There will be opportunities to settle throughout the process. Your lawyer and the lawyer(s) for the manufacturer can negotiate directly, and parties can attend mediation.
All the while, your lawyer will continue to build your case, including gathering evidence to demonstrate the link between the defect and your injuries and anticipating defences the manufacturer may raise against you, such as contributory negligence or allegations that you misused the product in question. If fair out-of-court resolution is not possible, your personal injury lawyer will have built a strong case that is ready for trial to get the compensation you deserve.
Get Trusted Legal Advice From An Experienced Personal Injury Lawyer
Defective product liability claims can be challenging for so many reasons. You need a trusted personal injury lawyer on your side. The team at Kelly Greenway Bruce has the skills and expertise to hold companies accountable for their defective products.
It’s not easy to get compensation for the damages you endured due to a defective product. A personal injury lawyer from our law firm can simplify the process. We will guide you through each step, protect your legal rights, and gather evidence to put forward the strongest case possible. We pride ourselves on being fierce advocates for our clients. We achieve exceptional results both through settlement and the court process.
We offer a 100% no obligation and confidential free case evaluation. Our team of qualified personal injury lawyers are standing by and ready to help.
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