Toronto Personal Injury Lawer Blog - Findlay Law

Product liability cases generally fall into three categories; negligence, strict liability and breach of warranty.

Negligence in the context of product liability cases requires proving carelessness caused your injury in that the designer, manufacturer or retailer knew or should have known their product was defective and if that can be proven you have "breach of warranty." You also need to show you have suffered damages because you cannot bring a claim without having suffered an injury. It is not enough to say the product is defective and you could have been injured by using it. You have to prove the product caused your injury.

In the case of strict product liability, if you can prove the product is unreasonably dangerous, with a design or manufacturing defect, you may be able to establish that the defendant is "strictly liable."

When you are suing for breach of warranty, you have to prove the manufacturer or retailer broke a written or implied promise that the product was free of defects.

The three basic types of defects are manufacturing defects, design defects or the product is distributed without sufficient instructions or warnings.

Compensation for catastrophic injuries caused by product defects may include the cost of present and future medical care and treatment, loss of wages, and physical and mental pain and suffering.

If you live in Hamilton or Toronto, Ontario we encourage you to contact the Hamilton, Ontario office of the Findlay Law Offices today to schedule a no cost to you consultation and learn about your legal rights in this very complicated matter.