If you have been suffered an injury, regardless of its kind because of a product that you used, you might be entitled to file a defective product claim against the retailer, manufacturer or other party involved in the overall chain of distribution.
This is commonly referred to as product liability and it’s part of personal injury law. There are a lot of different things that you might want to take into account here, so let’s have a look at some of the pillars of product liability.
Breach of Express Warranty
An express warranty is a type of guarantee that is actually stated or written. Such written statement could easily and they most usually are:
· On the label or the packaging of the product
· In the instructions or any other pertaining paperwork which came with the product
· In any additional form of advertising for this specific product
· On signs or any other types of marketing materials
If you manage to see any type of guarantee or warranty mentioned above, you will be able to ensure that you have claim based on a breach of said express warranty. This is likely to be the most powerful claim that you can file. However, don’t try to handle the case on your own but hire the services of an expert injury lawyer in Huntsville to handle it professionally.
Breach of Implied warranty
Now, this is something else completely. It’s another type of warranty but it’s rather different. If the product didn’t have any express warranty, you might be capable of claiming damages based off implied warranty. To make it easier – this is basically the warranty which is offered by the law. The law presumes it and you don’t have to be looking for a guarantee by the manufacturer. In other words, the province of Ontario has related laws protecting you in this case.
This is the strongest argument that you might have in your favor. Strict liability means that you are capable of bringing forward the claim without having to show any kind of breaches to the manufacturer or the supplier. This is the best thing that could happen in a situation of the kind but it’s also rather care. The only thing that you need to prove in situations of the kind is the fact that the product was, in fact, defective – that’s pretty much it.
In any case, lawsuits of the kind are pretty complicated because of the variations and the circumstances in each type. Furthermore, it’s not particularly easy to identify the defendant in cases of the kind and that’s something very important. All in all, working with personal injury lawyer is something which is going to bring forth quite a lot of benefits. Make sure to find one with established reputation and with a proven successful track record. There are plenty of lawyers in Ontario that specialize at handling such cases as it involves corporations and companies.