If you get harmed by a defective product, you may have grounds for filing a defective product liability claim. First, you should get a good lawyer. You need an attorney that has become familiar with the varied theories of liability.
Could the defendant be charged with battery?
According to this theory, the defendant knew about the defect but did not put a warning sign on the product. A retailer might be charged with battery, if he or she willfully allowed customers to buy and take home an item that had a known defect.
Should the defendant be charged with negligence?
This theory has been based on a simple hypothesis: The defendant realized what chances the buyer of a certain product was taking. Still, the defendant’s actions did not demonstrate an effort to keep the same buyer from being exposed to a known danger.
Is this an example of strict liability?
This applies to any commercial supplier that knows about the chances that a given product could harm the user. That supplier can be held liable by a personal injury lawyer in Kitchener, even if no one ever gets harmed in any way.
Breaching a warranty makes a manufacturer liable
The manufacturer can be held liable, regardless of the type of warranty that the manufacturing company has failed to honor. The manufacturing plant breaches its promise to a given customer by failing to provide the parts or services that had been promise in the offered warranty. The promise can be delivered in a way that agrees with one of three different warranties:
Expressed: Written document states clearly what has been guaranteed. An expressed warranty normally covers a definite period of time. The business that has issued that document faces a charge of liability, if it fails to provide the promised services or parts within the time period mentioned in the warranty’s written contents.
Impressed: The consumer inferred the existence of certain promises, based on what the manufacturer or seller had implied. If a manufacturer has sent out a notice about a possible defect in a specific component, then that is like an impressed warranty. It implies the absence of such a defect in the other components.
Impressed, but for particular purpose: A warranty covers those instances where a product gets used for specific purpose. The maker of a given drug might issue an impressed warranty for the act of using a specific medication in order to treat a designated illness.
Class action suits: This is when a group of dissatisfied customers join together to file a defective product liability claim. All of them sue the same defendant. Each of them receives a portion of whatever money the court awards to all of them.