Product Liability Lawyer
in Toronto
Award Winning Product Liability Lawyers
Product liability is an area of law that many individuals might not consider until they’re adversely affected. With myriad consumer products flooding the market, ensuring each one’s safety is paramount. When these standards fall short, and dangers inherent in some of these products become evident, you need a formidable legal ally on your side. With extensive experience in handling product liability cases, Bergel Magence Personal Injury Lawyers provides the expertise required to tackle these challenging cases involving both legal and technical issues.
Bergel Magence LLP is built on the foundation of family. For over 50 years and two generations, we have fought the toughest fights for our injured clients, winning them top awards. To us, our clients are family. Contact us for a free, no obligation case evaluation.
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Andrew Bergel
Ilan Bergel
Hayden Cantor
Lorne Climans
Christopher Finlay
- Injury lawyers since 1972
- Free initial consultation
- We handle all types of injury cases
- You Don’t Pay Until We Win
If you or a family member have been injured in an automobile accident, speaking with a qualified and experienced personal injury lawyer is crucial as you adjust to your new life. Keep in mind that waiting too long after an accident to take action may reduce your chance of getting fairly compensated. Contact our law firm today, and we’ll help you with your car accident claim in Ontario.
What is Product? Liability ?
Product liability refers to a product liability law framework where manufacturers, distributors, suppliers, and retailers can be held accountable for releasing a product that causes harm to its consumers. This is crucial, especially when dealing with items like medical devices or motor vehicles where the stakes can be quite high.
There are primarily three types of product liability:
Design Defects
Before a product is even manufactured, it might possess an inherent design flaw that makes it unsafe. An example might be a type of car that tends to flip over when turning at a particular angle, regardless of its manufacturing quality.
Manufacturing Defects
These occur during the production process. For instance, a batch of pain relief tablets might become contaminated with a toxic substance at the factory.
Marketing Defects
This relates to insufficient instructions, lack of safety warnings, or inadequate labeling. For example, a powerful cleaning chemical that doesn’t adequately warn users about its corrosive nature would fall into this category.
Product liability claims can arise from various scenarios, be it a kitchen appliance causing an unexpected fire, children’s toys posing a choking hazard, or power tools that don’t function safely. In essence, any product-related harm, if tied back to negligence or oversight from any entity in the production and distribution chain, could be grounds for legal action under product liability.
Why Do You Need a Product Liability Lawyer?
When faced with serious injury or damage due to a faulty or unsafe product, one might question the necessity of hiring experienced product liability lawyers. After all, if a product is defective, shouldn’t the manufacturer be quick to compensate? However, the realities of product liability cases can be far more intricate and demanding than one might initially presume, making the expertise of dedicated legal services invaluable.
Understanding the Intricacies: Product liability laws vary considerably based on jurisdiction, and understanding these nuances is paramount. A specialized lawyer has the knowledge to decode these complexities, ensuring that your claim is presented within the precise confines of the law.
Gathering Crucial Evidence: Proving that a product is defective and that this defect directly resulted in harm is a challenging endeavor. This process requires gathering tangible evidence, expert testimonies, and possibly reconstructing scenarios to pinpoint the defect. An experienced lawyer has resources at their disposal, like expert contacts, to effectively build a robust case.
Negotiating with Large Corporations: Filing a claim often means going up against well-funded corporate entities with a fleet of lawyers dedicated to protecting their interests. They might try to offer a quick, undervalued settlement or use tactics to discredit your claim. A product liability lawyer levels the playing field, ensuring that your rights are staunchly defended.
Maximizing Compensation: A skilled lawyer can intricately detail the full spectrum of damages you’ve sustained, ensuring that you’re compensated not just for immediate medical bills, but also for future medical expenses, lost wages, pain, suffering, and any other applicable damages. Their expertise ensures that you don’t settle for less than you deserve.
Navigating the Litigation Process: If negotiations don’t culminate in a satisfactory settlement, the next step is litigation. This phase can be overwhelming for the uninitiated, with court procedures, filings, and legal jargons. Having a lawyer ensures that your case is presented compellingly and professionally in court.
What to Expect During a Product Liability Case
Step 1. Discovery Phase
Often termed the backbone of any legal case, the discovery phase is where both sides gather their evidence. For the plaintiff, this might involve procuring medical records, experts’ opinions, witness statements, and any other pertinent data that could validate the claim. It’s also a period of depositions, where key participants in the case, such as the injured party or product manufacturer representatives, are interviewed under oath. While rigorous, this phase is vital, laying down the foundation upon which the case will be constructed.
Step 2. Negotiation and Mediation
Before heading to trial, both parties usually engage in negotiations. With the gathered evidence, your lawyer will attempt to reach a settlement that compensates for the injuries and damages sustained. If direct negotiations seem fruitless, mediation might be pursued – an impartial mediator will facilitate discussions to help both sides find common ground.
Step 3. Pre-Trial Motions
Should negotiations not culminate in a resolution, the case gears towards a trial. However, before the trial officially begins, both parties might file pre-trial motions, which could include requests to determine what evidence can be presented or if certain witnesses can testify.
Step 4. Trial
This is the decisive phase where the case is presented before a judge or jury. The plaintiff has the onus to compellingly demonstrate that the product in question was defective and that this defect directly caused their injury. This involves presenting the collated evidence, expert testimonies, and, often, emotional firsthand accounts of the aftermath of the injury.
Step 5. Verdict and Potential Appeals
Once both sides have presented their cases, the judge or jury will deliver a verdict. If the plaintiff wins, there will be a determination of compensation. However, it’s crucial to note that even after a verdict, the case might not be entirely over. The losing side might decide to appeal the decision, leading to further court proceedings.
Step 6. Compensation Payout
After a verdict in the plaintiff’s favor or a successful negotiation, the next phase involves the disbursement of the awarded compensation. Depending on the specifics, this could be a lump-sum payment or periodic installments.
No fees unless we Win
At Bergel Magence Personal Injury Lawyers, our pursuit of justice is unwavering, but our commitment extends further. We operate on a contingency fee basis, which means we don’t receive a penny until we secure a win for you. This not only eases the financial strain of pursuing a claim but also underscores our dedication and belief in your case. Our interests align with yours: to secure the most comprehensive compensation that fully encompasses every facet of your suffering. In the challenging journey towards justice, our commitment remains steadfast – No Win, No Fee.
Don’t wade through the complexities of a product liability claim alone. Reach out to Bergel Magence Personal Injury Lawyers for a free consultation. We’ll provide an initial assessment, helping you understand the potential of your claim.
for a passenger in a car who was rendered quadriplegic as a result of a motor vehicle accident
for a teenage boy who sustained a brain injury in a motor vehicle accident
for a teenage boy with developmental delay who suffered a brain injury in a motor vehicle accident
for an unemployed visitor to Canada who suffered a brain injury in a motor vehicle accident
for our client who suffered fractures to his ankle, knee, neck and pneumothorax in a motor vehicle accident
for our client who suffered multiple fractures in a motor vehicle accident
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- NO FEES UNLESS WE WIN
- Maximum Compensation
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Medical Expenses: This is often the most evident fallout of a defective product. Compensation can cover past medical bills as well as estimated future medical costs. This might encompass hospital stays, surgeries, medications, rehabilitation, physiotherapy, and any other medical-related expenses that arise due to the injury.
Loss of Wages: When an injury impedes your ability to work, either temporarily or permanently, the resultant loss of income can be claimed. This includes not only the wages lost to date but also the projected loss of future earnings if the injury curtails your earning capacity in the long run.
Pain and Suffering: Beyond the tangible losses are the intangible emotional and physical distress victims undergo. This can range from chronic pain, mental anguish, anxiety, depression, loss of enjoyment in life, and other non-economic sufferings. Quantifying these damages can be complex, often requiring expert testimonies and a meticulous analysis of the injury’s impact on one’s life.
Loss of Consortium: In some cases, the injury might affect the victim’s relationship with their spouse or family, leading to a loss of companionship or affection. Compensation can be sought for this intangible yet profound loss.
Punitive Damages: In instances where the defendant’s conduct was especially egregious or reckless, the court might award punitive damages. These are not tied to tangible losses but serve to punish the defendant and deter similar behavior in the future.
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