When companies manufacture and market products to consumers, they have a duty to ensure that the product is safe for use. If the company has any reason to believe that the product it is selling might be defective or unsafe to use, it has a responsibility to appropriately warn the public and remove the product from the market.
Unfortunately, the pursuit of profits often leads companies to put their bottom line ahead of the safety of consumers. This means that companies sometimes ignore warning signs and continue to put consumers at unnecessary risk from defective products.
When a product is defective or unsafe for use, the consumer faces a serious risk of injury or death. Severe injuries or the loss of a loved one can thrust individuals and families into financial crisis.
Holding irresponsible companies responsible can be challenging. Nova Scotia law allows injured people to hold companies accountable when their products cause harm and provides a path to fair compensation to help pay for care and treatment, associated expenses, lost wages, and other damages.
You may have heard about other product liability claims, like defective drugs, substandard medical devices, dangerous children’s toys, vehicle design or parts defects, and others. People just like you have been able to recover significant compensation for the harm they’ve suffered due to dangerous products, but these claims are usually only successful if you have an experienced product liability lawyer on your side.
If you’ve been hurt by a dangerous or defective consumer product in Halifax or anywhere in Nova Scotia, contact Valent Legal right away. Our lawyers can provide you with a free, no-risk case evaluation. We’ll be ready to provide you with the knowledgeable counsel and support that you need.
Call us or contact us online to schedule your free case discussion today.
What Is Product Liability?
Product liability refers to the responsibility of companies that manufacture, distribute, and market products to ensure that their products are reasonably safe for consumers to use.
Across Nova Scotia, consumers routinely buy products with the reasonable assumption that they have been tested for safety and are of high quality. If you take a drug, buy a car, or give your child a toy to play with, you have every right to assume that it will work as advertised and will not cause harm.
The Canadian Consumer Product Safety Act was established in 2011 to protect people in Halifax and across Canada. It helps to ensure that products meet specific safety standards and tracks of reportedly hazardous products.
While countless products available for purchase in Halifax meet the standards set by the Canadian government, unsafe products still make their way onto store shelves and into consumers’ homes. When this happens, a dangerous defect might only become evident once someone has been harmed.
If a defective product has injured you, keep in mind that you may have the right to take legal action to hold the manufacturer accountable and recover fair compensation for your losses. Be sure to contact our knowledgeable product defect lawyers right away to discuss your potential right to compensation.
Common Types of Product Liability Claims in Nova Scotia
Virtually any product could cause harm if it is not properly designed, manufactured, and tested before being sold to consumers. Some of the most common types of product liability claims include:
- Medical devices
- Vehicles and vehicle parts
- Toys and other children’s products
- Household appliances and electronics
- Personal care products
If you’ve been hurt by a dangerous product, don’t suffer in silence. You shouldn’t have to pay out of pocket for injuries caused by a defective or harmful product that you believed was safe for use.
As a consumer, you have the right to expect better from those who design, develop, manufacture, and distribute the products you buy. With the right lawyer on your side, you could recover the compensation you need to pay your bills, get treatment, and put this incident behind you for good.
How Our Nova Scotia Product Liability Lawyers Can Help
Proving a product liability claim can be complex, even if it seems relatively clear that the product was indeed defective and directly caused you to suffer serious injuries. You need an experienced lawyer to help you prove your claim.
The manufacturer and their powerful insurance companies will likely look to avoid blame for the harm you suffered and will try any tactic they can to deny you compensation or pay you as little as possible for your claim. That’s why you need an experienced lawyer on your side to help level the playing field.
Your lawyer can consult with experts to determine whether the product is defective and identify any issues in the supply chain. They can build a case that shows that the manufacturer of the product owed you a duty of care and failed in that duty, causing you or a loved one to suffer severe injuries.
Because these cases can be incredibly complex, particularly if the manufacturer is an international company, be sure to contact a lawyer right away to discuss your options and develop a strategy to hold the manufacturer accountable.
What to Do If a Dangerous Product Has Harmed You
If a defective or dangerous product has harmed you or a family member, be sure to seek medical attention right away. Doing so will protect your health, first and foremost, and will also create an official record of your injuries. This could be vital in proving that the product did indeed cause you harm, a factor that will be closely examined by the manufacturer and any insurers involved in the case.
You should report the dangerous product by completing and submitting a form on the Government of Canada’s website here. You should also make sure to:
- Preserve the product in its condition and put it somewhere safe where it can’t harm others. When you hire a lawyer, be sure to give it to them for examination and safekeeping.
- Keep any receipts related to your purchase of the product.
- Take pictures of the product, your injuries, and where you were when you were harmed.
- Report the incident to the manufacturer and retailer.
- Immediately contact an experienced product liability lawyer to represent you. Your lawyer can commence a thorough investigation of the product, the company that manufactured it, and all other entities along the supply chain to determine who might be responsible for your injuries.
Compensation for Your Injuries from a Defective Product
When a defective product injures you or someone you love, Nova Scotia law provides you the right to seek compensation for the losses you’ve incurred and will incur in the future. In general, you could be eligible to seek compensation for:
- Medical treatment
- Lost wages
- Other expenses associated with the incident and your injuries
- General damages for pain and suffering
The types and amount of compensation you can recover will depend on the specifics of your situation. The severity of your injuries, the impact they’ll have on your life in the future, your age, and other factors will weigh heavily in determining how much you’re owed.
A lawyer with specific experience handling product liability claims will be able to tell you how much you could expect, though it is impossible for any lawyer to guarantee a specific recovery.
Time Limit for Filing a Product Liability Claim in Halifax
Every province in Canada has an established statute of limitations that sets a time limit for how long a plaintiff has to file an injury claim. In Nova Scotia, this is called the Limitation of Actions Act. In general, you have up to two years from the day on which you discovered your injury to take legal action.
If you believe that you’ve missed the deadline, be sure to file a claim immediately. Your claim will not be barred immediately, but a judge will have to determine whether you are still eligible to seek compensation.
This is why hiring a lawyer as soon as possible is crucial if a defective product has harmed you. Your lawyer will make sure that you don’t miss these important deadlines, and they’ll be prepared to take the correct legal action whenever necessary.
Steps in a Product Liability Lawsuit
In general, people who’ve been hurt by defective or dangerous products will go through the following basic steps to seek fair compensation. Because each case is different, your case could proceed differently, but you can typically expect the following to happen:
- Contact a lawyer and schedule a confidential consultation to discuss your case. Your lawyer will provide honest feedback about your case, your rights, and what types of compensation you could be owed.
- Your lawyer will commence an in-depth investigation into the incident. They may evaluate the product, consult with experts and specialists to determine whether it is defective and which party or parties in the supply chain (materials, manufacturing, distribution) could be responsible.
- Your lawyer will consult with medical and financial experts about your injuries, the treatment you’ve received and will need in the future and will determine the total impact that your injuries will have on your life. They will put together a demand letter that includes an amount that will account for the harm and financial losses you’ve suffered and any losses you’ll incur in the future due to your injuries.
- Settlement negotiations will take place between your lawyer and the responsible party’s insurance company. Many product liability claims are settled out of court, since manufacturers often want to avoid costly trials, but if they refuse to offer you an amount that is fair, your lawyer might advise you to file a lawsuit.
- If your case goes to a trial, your lawyer will present the evidence, call expert witnesses, and advocate for you before a judge and jury. They will argue for the maximum amount of compensation possible and they might even ask for punitive damages to punish the manufacturer for the harm their product caused.
- The defendant or its insurance company could offer a settlement at any point in this process, and the lawsuit could be avoided or dropped.
Talk to a Halifax Defective Products Lawyer Now
At Valent Legal, we know that taking legal action against a product manufacturer or other entity can be intimidating, but we believe that hiring a lawyer should never be. Our lawyers are easy to talk to and have your best interests at heart.
We are committed to providing our clients with top-notch legal assistance and compassionate counsel. We understand that dealing with an unexpected injury can be incredibly stressful. It’s our goal to take the pressure off of you so you can focus on your recovery.
Our team is here to be your advocate at all times through the injury claims process. Let us deal with the insurance companies and the courts. We’ll do whatever it takes to get you the compensation you and your family deserve.
We believe that no one in Nova Scotia should have to worry about how they’ll afford quality legal services. That’s why we work on a contingency fee basis. We won’t collect any money from you up front, and we’ll be paid only if and when we secure compensation for you.
Contact us for a free, no-risk consultation today. You’ll be able to speak with one of our knowledgeable and understanding Halifax product liability lawyers during a confidential consultation. We’ll answer any questions you might have about your case.
Call us or contact us online to schedule your case evaluation today.