Canada has very high safety standards for the products that are sold to consumers and used by them every day. However, unsafe and harmful products still make their way to the consumer, and end up hurting them when they are used.
In cases like these, injured parties may be able to file a personal injury claim to receive compensation, but they will need the help of a Toronto defective products lawyer for the best results. An experienced lawyer can help fight for their client’s rights.
The Canadian Consumer Product Safety Act (CCPSA)
In 2011, the CCPSA was created by Health Canada, the federal organization that continues to oversee the Act and hold manufacturers and sellers responsible for the safety of their products. This Act is the reason product safety standards are so high in Canada, as it requires manufacturers to:
- Report any incidents regarding the safety of their product, or defects that may be present
- Provide Health Canada with information regarding the supplier’s name and the timeframe in which the product was made and/or sold
- Provide information to consumers about any relevant safety information regarding the use of the product
- Maintain honest and accurate packaging, labeling and advertising in regards to the safety of the product
If any of these requirements have been violated, an individual may have a basis for a claim and should consult with a Toronto defective product lawyer to learn more.
Consumer Protection Act
The Consumer Protection Act was implemented in 2002 and outlines various obligations that apply to new products that are purchased under a consumer agreement. More specifically, the Act codifies various safety laws which requires vendors to warrant that their products and services meet a reasonably acceptable standard.
Proving Negligence in a Toronto Product Liability Claim
In order to prove negligence in a product liability claim, the individual filing the claim must be able to prove:
- They used an unsafe or defective product
- They were injured by the use of the product
- The manufacturer or distributor was negligent, or should have known about the defect, and should have taken steps to prevent the incident
An experienced defective products lawyer will be able to help with proving negligence in product liability claims. Generally, the four most effective ways to do so are:
- Defects in design. Sometimes the very design of a product is defective, even before it has been manufactured. Imagine a manufacturer designing a shoe that had no sole whatsoever. While most product liability cases are not that extreme, manufacturers can be held responsible for design flaws such as these.
- Defects during manufacturing. Even when the design of a product is impeccable however, products can become defective during the manufacturing process. Using the shoe example once again, if the shoe was designed with a sole, but the sole was made too thin during manufacturing, that sole may not be thick enough to protect a consumer’s foot from the elements.
- Failure to warn. When manufacturers are aware of any potential dangers associated with using their products and they fail to warn the consumer of those risks, they could be held responsible for any injuries that result.
- Failing to inspect or test products. Many defects can be caught early on, before products even make it into consumers’ hands, yet are not because the product was not thoroughly tested or inspected.
Proving negligence in product liability cases can be difficult, but it is a crucial part of winning a claim and receiving compensation.
Compensation in Toronto Defective Products Cases
When individuals are injured after using a defective product, they can file a lawsuit to receive compensation. That compensation is meant to get the injured person back to the quality of life they enjoyed before the accident and can include:
- Medical costs
- Loss of current and any future income
- Pain and suffering
- Punitive damages, rare in Canada, but possible when recklessness can be proven
How a Toronto Defective Products Lawyer Can Help
While it is possible to receive compensation in product liability cases, it can also be quite difficult.
If you or a loved one has been injured by a defective product, it is important that you speak with a professional Toronto defective products lawyer that can fight to get you the compensation you deserve. Contact us today for a free case review.