Areas of Practice

Product Liability Lawyer Toronto

Toronto Product Liability Lawyer

When a product is unsafe, it can cause a personal injury. Here is what you should know regarding receiving compensation for product liability.

Damages caused by negligence is the most common form of relief for the injured party in product liability cases.

There are four different elements that need to be established for there to be negligence:

The defendant had a duty of care towards the injured party
The standard of care was breached (usually this entails reasonable care in the circumstances)
Injury or damage was sustained
The damage was caused by the breach of the standard of care

If negligence is found, an injured party has a right to receive compensation for any injury sustained.

Tony Lafazanis will work to ensure you receive the compensation you deserve from any product liability personal injury.

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.

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FAQs

1. What is a product liability claim?

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.

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

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.

3. What must be proven in a product liability case?

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.

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

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.

5. What evidence can help support a product liability claim?

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.

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

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.