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Published: November 15, 2017 | Last Reviewed: March 5, 2026
When people purchase products, they assume that they will be able to use them and stay safe while doing so. Unfortunately, this is not always the case, and sometimes consumers get hurt. When this happens, they can file a lawsuit in order to claim compensation for their injuries, but they will need the help of a Barrie defective products lawyer in order to do so. A personal injury lawyer serving Barrie with experience in a variety of liability cases can best help their client to recover appropriate damages.
Product Liability Law
Defective products fall under the product liability law in Ontario. Under this area of law, manufacturers have a responsibility to keep the consumers who will be using their products safe. If the consumer uses the product properly and as indicated, and they still become injured, the product may be found to be defective. When this is the case, consumers may be able to sue to claim compensation for their injuries.
In some cases, the product used by the consumer may still fall under the warranty provided with the product, and the manufacturer may issue a refund under that warranty. While this will repay the consumer the money they paid for the product, it will still not repay them for their injuries.
Personal injury law is meant to bring the injured party back to the same state they were before sustaining injuries. Because of this, even when warranties have been honoured, injured consumers may still file a lawsuit in order to receive compensation for their injuries. In addition, if injured victims must take time off work to recover from their product-related injuries, they may be eligible to apply for LTD benefits with the help of a Barrie long-term disability lawyer.
This area of law can be complicated, however, which is why it is recommended that consumers seek the help of a defective products lawyer in Barrie before filing their claim.
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Proving A Product Liability Case
In most personal injury cases, the plaintiff, or the person filing the lawsuit, must prove that the defendant owed them a duty of care. In product liability cases, this is still tr,ue but can be very easy to prove. This is because as soon as the consumer purchases the product, they enter into a relationship with the manufacturer. As such, the manufacturer owes them a duty of care to ensure they will be kept safe while using the product. Once the product has been purchased and the duty of care established, it must then be proved that the duty of care was breached. This is most often proven by identifying the defect in the product.
Lastly, it must also be proven that the breach of duty of care caused injuries. Personal injury cases are meant to provide compensation when a person has been injured by someone else, and this is true in product liability law as well. If there are no injuries, even if the product is defective, there is no compensation and therefore, no case.
Proving a product liability case can be more difficult than it may seem at first. Because of this, those injured by a defective product should speak to a Barrie defective products lawyer who can help them prove their case. Most personal injury lawsuits in Ontario have a statute of limitations of two years. This means that lawsuits must be filed within two years of the injury, and this is also true for defective products. It is for this reason that those injured speak to a defective products lawyer in Barrie as soon as they are injured.
Consulting A Barrie Defective Products Lawyer
If you have been injured by a defective product, and you would like help claiming compensation for those injuries, speak to a Barrie defective products lawyer who can help. An experienced lawyer can help prove your case and will greatly increase your chances of a successful outcome.
Co-Authored by Jeffrey A. Preszler
Personal Injury Lawyer
Partner Jeffrey Preszler’s practice focuses on personal injury claims, including motor vehicle accident claims, slip and fall claims, long-term disability claims, and institutional abuse claims.
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