Product liability – a common type of injury

When it comes to personal injuries, most people consider that these are only represented by accidents which end up with a harmed person. Actually, there are many types of personal injuries, and one of them is represented by product liability. This consists in the existence on the market of a defective product that can become dangerous for consumers and thus causing them a damage. Annually, personal injury lawyers in Ottawa have to take care of thousands of specialized cases, because people take legal course most of the times they deal with a defective item. The laws related to this issue are strict and vary from one country to another, but everywhere around the world clients are entitled to ask for compensation. Manufacturing, distributing or selling a faulty good represents a threat for everyone who comes into their possession, leading to a case of personal injury.

Common types of defects

Various defects can appear on almost any type of product, putting users in danger. However, initiating a product liability trial needs a clear demonstration of the item’s faults, so that the court can establish its degree of danger. There are three main types of defects, depending on their stage of appearance: design (the creation concept has been created wrongly), manufacturing (the error appears during the creation process) and marketing (the flaws appear in terms of advertising: labeling, instructions or warnings).

 

Who are the responsible parties?

Depending on each type of error, the responsible party is established by competent authorities. Liability for a product can be charged to any entity that plays a role in the distribution chain, starting with the creation, manufacturing and selling. Once the error is identified, the responsible could be one of the following: the designer, the manufacturer of the product or its parts, the assembly or installing company and the wholesale or retailer that allowed the consumer to have access to that particular product. In addition to this, the liability also depends on the specifications of the product: if you buy from an authorized retailer or you deliberately purchase a second hand object, then the distributor is not responsible of potential defects.

 

Is legal course mandatory?

If you have suffered damage, you are entitled to get legal help and ask for compensation, but you can decide if you do that or not. This type of actions are very complex and involve a lot of resources, which is why if you can, you could as well reach an agreement with the responsible part, instead of going to a trial which may take years to end.