If you or a loved one has been seriously injured due to a defective product in Vancouver or anywhere in British Columbia, please visit the website of Stephens and Holman Personal Injury Lawyers for additional information.
Has this happened to you?
· You buy a car seat, install it according to the provided instructions and it comes apart as soon as you put your child in it.
· Your doctor prescribes a drug with potentially serious side effects that you begin suffering from within the first year.
What do you do? Where do you turn? Do you even realize you could be the victim of a defective product?
What is a defective product anyway?
A defective product is typically defined as a product commercially produced and distributed that is not fit for its intended use, is dangerous or harmful for normal use, does not carry sufficient instructions for its use or is inherently dangerous due to defective design, manufacture or assembly.
Examples of defective products include, but are not limited to:
· Vehicles
· Drugs / medications
· Medical Devices
The Sale of Goods Act stipulates that “…there is an implied condition that the goods are reasonably fit for [the defined] purpose…” unless otherwise stated. The manufacture owes the consumer a product that is reasonably safe. This means that if you are trying to the use the product for the purpose for which it was designed, and it fails, causing you harm or damages, you may have a defective product and you may have the option of getting compensated by the appropriate party for those damages.
Whom can I hold responsible?
The responsibility party will be determined based on the defect associated with the specific product. In the example of the defective car seat, the manufacturer would be held liable for the resulting damages. However, if it can be proven that the distributor of the car seat also contributed to the defect, then the distributor can be held liable, in addition the manufacturer.
What do I do now?
Retain possession of the defective product, but do not repair or destroy it. Do not speak to anyone representing the manufacturer or distributor of the product before you have a chance to contact an experienced defective products lawyer. They will carefully review all the information associated with the incident and determine who should be held liable for the damages, pain and suffering you have sustained.
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