Personal Injury - What Should You Know About Product Liability?

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Product liability is a kind of personal injury caused by using of a dangerous or defective product. In these kinds of cases, sufferer or the family of the victim can file a case under product liability law to recover the damages caused by the use of a defective, dangerous or faulty product. Product liability cases are somewhat a mix of tort law and contract law.

Product liability law is to protect the consumers of defective and unsafe products who suffer injuries as a result of using these products. The second important feature of product liability law is to hold responsible those who put dangerous and defective products into market. They may include manufactures of these products, retailers and distributors who make available these products in the market. The liability of the various parties involved can vary in different jurisdictions as the product goes down the line from the manufacturer to the consumer.
Product liability claims can be brought under a number of different theories. Some of the important facts about product liability claims are as follow:

Negligence: This is a sort of product liability wherein the plaintiff has to establish that the opposite parties bear the responsibility of creating the fit product that is free of defects or that is not hazardous to use. Secondly, The Plaintiff needs to show that the opposite parties have to take reasonable care in the designing, manufacturing and inspection phases and unsafe and defected products can easily be identified if they exercise this practice. Plaintiff finally needs to show that they failed to meet their obligation and plaintiff got hurt by using the defected or unsafe product.

Design Defects: In this kind of product liability cases, it is the design of a product that makes the product unsafe or defective and consumers get hurt by using it as intended.

Manufacturing Defects: In this kind of liability, the product becomes defective, unsafe due to manufacturing fault.

Marketing Defects: This is a sort of liability in which sufferer gets hurt or injured because there were no adequate warning labels or instructions for the users.

Normally, in all the provinces, there are laws that allow people injured by defective, hazardous or faulty products to get the compensation for their injuries. That includes defects of the product that could be obvious or not-obvious. The victim will receive the compensation for lost wages, medical and therapy costs, doctor fees, punitive damages, out of pocket expenditures, permanent disability and for consortium for a spouse.

It is quite possible that a defective or dangerous product result in a death of the consumer. Death due to a defective and dangerous product can result in a claim for wrongful death. If the consumer or user dies due to failure or malfunctions of the product, the survivor of the victim can file a suit for wrongful death caused by defective, unsafe or faulty product. Additionally, the manufacturer will also be liable under product liability laws. The survivors of sufferer who file a suit for lawful death can also get the compensation for doctor fees, hospital and medical expenses, loss of wages or past as well as future, loss of life’s enjoyment, pain and suffering, and a loss of consortium claim for a spouse.

Article Source: http://depositarticles.com/

Our network of Personal Injury Lawyers includes qualified and experienced lawyers in Toronto and GTA area. Contact Our Personal Injury Lawyer and Accident Lawyer to help you make a personal injury compensation claim.

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