Question 1

What is a product liability claim?

Accepted Answer

A product liability claim arises when a defective or unsafe product causes injury or damage. Depending on the circumstances, a claim may be brought against a manufacturer, distributor, importer, retailer, or another party involved in designing, manufacturing, distributing, or supplying the product. In Ontario, these claims are most commonly based on the law of negligence.

Question 2

What types of products can lead to a product liability claim?

Accepted Answer

Many different products may be involved in a product liability claim, including household appliances, children's products, medical devices, pharmaceuticals, automotive parts, industrial equipment, consumer goods, and other products alleged to have caused injury because of a defect, inadequate warnings, or unsafe design.

Question 3

What must be proven in a product liability case?

Accepted Answer

In many Ontario product liability claims, the injured person must establish that the product was defective or unreasonably unsafe, that the defendant owed a duty of care, breached the applicable standard of care, that the breach caused the injury, and that damages resulted. The evidence required depends on the specific facts of each case. Tony Lafazanis can assess your case and explain the legal requirements that may apply.

Question 4

What compensation may be available after an injury caused by a defective product?

Accepted Answer

Depending on the circumstances of your case, compensation may be available for pain and suffering, lost income, loss of future earning capacity, medical expenses, rehabilitation costs, future care expenses, and other damages recognized under Ontario law. Tony Lafazanis can review your claim and explain the compensation that may be available.

Question 5

What evidence can help support a product liability claim?

Accepted Answer

Evidence may include the product itself, photographs of the product and your injuries, receipts or proof of purchase, medical records, expert opinions, product manuals or warnings, recall information, and other documentation relevant to the claim. If possible, avoid repairing, altering, or disposing of the product, as preserving it in the same condition it was in after the incident may help support your claim.

Question 6

How long do I have to start a product liability lawsuit in Ontario?

Accepted Answer

Under Ontario's Limitations Act, 2002, there is generally a two-year limitation period to start a product liability lawsuit, beginning when the claim is discovered. However, the applicable limitation period depends on the circumstances of the case, and exceptions may apply. Seeking legal advice as soon as possible can help protect your legal rights. Tony Lafazanis can explain the deadlines that apply to your situation.

Areas of Practice

Pedestrian or Public Transit Injury Lawyer

Toronto Pedestrian or Public Transit Accident Lawyer

Each personal injury case is unique and requires dedication, professionalism, expertise and a personal, hands-on approach.

If you have suffered injury due to the negligence of others, Tony Lafazanis will guide you through every step of the legal process, and ensure you receive the compensation to which you are entitled.

FAQs

1. What should I do after a pedestrian or public transit accident in Ontario?

2. Can I claim compensation after a pedestrian or public transit accident?

3. Can pedestrians receive accident benefits even if they were partly or entirely at fault?

4. Who may be responsible for a pedestrian or public transit accident?

5. How long do I have to start a pedestrian or public transit injury lawsuit in Ontario?

6. What evidence can help support a pedestrian or public transit accident claim?