What is a Defective Product?
Any product that malfunctions while being used for the purpose it is intended is considered a defective product. If using the defective product results in a consumer injury, the product is considered unreasonably dangerous.
Have You or a Loved One Been Injured by a Dangerous or Defective Product?
Anyone who has suffered an injury caused by a dangerous or defective product understands that it can be a traumatic experience. Whether the injury was caused by a design defect, improper instruction or a defect that occurred during manufacture, you have the right to take legal action against the responsible party. Responsible parties can include private citizens, stores, manufacturers, insurance companies and large corporations.
The list of possible products responsible for consumer injuries is endless. Some of the more common claims involve bicycles, tools, industrial equipment, toys, ladders, medical devices and pharmaceuticals. Too often children or workers are the victims of defective or poorly designed products. If you are injured by a defective product, there are important steps you need to take.
1. Visit a doctor or hospital immediately upon sustaining a harmful product injury as documenting the injury is crucial. Postponing medical care is one of the most careless things to do even if the injury sustained by a defective product was not life-threatening. Timely medical treatment by visiting a doctor ensures that you receive adequate care for all injuries including those that might have latent symptoms.
2. Do not give a verbal or written statement before speaking with a lawyer. Ontario law provides a basis for recovery if you or a loved one are injured as a result of a defective product. The law is complex and proof involves a complete review of the product design, development, manufacture and labeling requirements.
3. Do not dispose of the defective product under any circumstances. The defective item is the core piece of evidence around which the whole case of product liability claim revolves and destroying it could be detrimental to your claim. Along with the product itself, you should also save the original packaging, instruction manual and receipt or proof of purchase.
Product defects can be the result of a number of factors and conditions including:
- faulty manufacturing;
- unsafe design;
- inadequate warning.
After any situation involving a dangerous or defective product, you should speak with an experienced lawyer who will evaluate your case to ensure that your legal rights are fully assessed and protected. Product liability laws are complicated and people injured by dangerous or defective products need the aid of personal injury lawyers such as Iacobelli Law Firm who will advise you on the complexities of your case and guide you through the legal system toward the most favorable outcome.
We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel and we offer a FREE Consultation so please feel free to call us at 1-866-234-6093. We are honored to serve our clients and our community.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.