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You have the right to expect that consumer products are safe to use in accordance with manufacturers’ instructions. Sometimes, however, a defective product can cause serious harm.
Contact a Chilliwack product liability lawyer at our firm if you or a family member suffered significant injuries due to a malfunctioning product. If manufacturer negligence is the cause of your injuries, our skilled personal injury litigators can bring a case to hold the manufacturer financially accountable.
Manufacturers have an obligation to use reasonable care to ensure that consumers can use their products safely. However, an injured person seeking compensation must prove the manufacturer is negligent. There are three avenues a lawyer in our Chilliwack office can use to demonstrate a manufacturer’s negligence.
Sometimes the design of a product renders it unsafe for use as anticipated. Proving the design flaw is challenging, because an injured person must demonstrate that there are alternative designs that accomplish the same purpose, are economically feasible, and would produce a safer product.
A problem in the manufacturing process can lead to a defect in a production run of a product. An injured person must prove that the product did not meet the manufacturer’s specifications or fell short of industry standards.
The manufacturer must provide instructions for safely using the product and warn of any known hazards that might arise when using the item. Failing to do so is negligent.
According to the British Columbia Limitations Act, a negligence lawsuit must be filed within two years of the event that led to the injury in most cases. When it is unclear that a defective product caused the triggering event, an injured person must file suit within two years of the date they discovered the relationship between the product and their injury.
Proving a manufacturer was negligent, and that its negligence was the direct cause of an injury, requires substantial investigation. Demonstrating negligence often requires experts in several different fields to provide evidence against the manufacturer.
Anyone injured by a defective product should seek legal representation soon after the accident. Doing this allows the lawyers in our Chilliwack office the opportunity to build a product liability case against the manufacturer.
When a manufacturer is proven liable for a claimant’s injuries, they are responsible for compensating the claimant’s losses. An injured person is entitled to claim their pecuniary and non-pecuniary losses.
Pecuniary damages reimburse lost income if the injury prevented the claimant from working, and diminished future earning capacity if permanent injuries impact their ability to earn a living moving forward. If the claimant incurred out-of-pocket medical expenses, pecuniary damages will cover them. Pecuniary damages also pay any expenses the claimant incurred due to their injury.
Non-pecuniary damages compensate losses without a fixed monetary value. An injured person is entitled to compensation for their physical pain, emotional trauma, other impacts of their injuries that reduce the quality of their life. Our litigators in Chilliwack can compile statements from the injured person and their loved ones, as well as medical and employment records, photographs, and video to prove an injured person’s non-pecuniary losses.
When a manufacturer’s negligence causes an injury to you or a family member, holding them accountable for your losses is critical. However, these lawsuits are complex and require substantial skill, experience, and resources to prosecute successfully.
Zacharias Vickers McCann LLP has been operating for more than five years with over 50 years of combined legal experience. Reach out to us today to learn more from our Chilliwack product liability lawyers.
