Product Defects

Product defects can cause serious injury. Luckily, there are protectionary measures in place for individuals in Ontario in the event that they sustain an injury as a result of a defective product. A plaintiff in a product liability case must prove that the product that caused the injury was defective in design or manufacture. There are 3 types of defects that might cause injury and give rise to manufacturer or supplier liability:

1. Design defects: unsafe nature of product exists because the inherent safety aspect of the product was not fully evaluated and addressed before commencing manufacturing of the product;
2. Manufacturing defects: defect occurring during the course of manufacturing or assembly; and
3. Marketing defects: flaws in the way the product was marketed such as improper labeling, insufficient instructions or inadequate safety warnings.

Lawsuits that arise out of injuries sustained from defective products are different from other personal injury cases. The way the case must be proven differs from, say, a motor vehicle accident.

Some products are unsafe by nature. They need to incorporate reasonable safeguards on the product itself to avoid accidents, and ensure they are fit for the purpose intended.

The injured individual must prove that a product sold by the defendant was the cause of injury and sufficient warnings were not given for its use. Liability for a product defect may rest with any party in the product chain, such as:

• Manufacturer of product
• Manufacturer of a component
• The business that assembled or installed the product
• The wholesaler/distributor of the product
• The retail outlet that sold the product to the consumer

Were you or one of your loved ones injured by a product defect (including lack of safety features)? If so, contact SBMB Law at 905-884-9242 for a free consultation to assess your case. Our product defect lawyers including our {could not read} have extensive experience in dealing with product defect cases and are happy to assist you to get the compensation you deserve.