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Defective Products


When you purchase a product from a vendor you trust that it will be of good quality and safe for use. There are safety standards in place legislated by the Canadian government, and so one would reasonably expect that what is sold at the stores across this province should meet those standards.

Unfortunately, sometimes unsafe products make their way into stores in Nova Scotia, and may only be discovered after the product is used by consumers.

When there are multiple claimants involving the same product, sometimes class action lawsuits are appropriate. However, there are also instances where only a single party is injured due to product failure, and in those instances, the claimant may be entitled to compensation.

Since 2011, the Canadian Consumer Product Safety Act has been in place to protect Canadians, and ensure that products used in this country meet the standards assessed as safe. The CCPSA also serves to keep track of product issues and recalled products.

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To report an issue with a product you will be required to complete and submit a form on the Government of Canada website, here.

After you submit your report, there are other steps take:

  • Ensure you keep the product, and have the receipt
  • Record as many details as possible
  • Take photos and seek medical attention
  • Report the incident to the company/retailer
  • Depending on the type of product, there may be other requirements for reporting

Some additional considerations to note if you feel you have been hurt by a defective product is if you know anyone else who has been hurt by the same product, where/when did the accident/injury occur, and if you have had the product repaired or modified at any time prior to the incident.

The types of cases that arise from defective products are; design defects, manufacturing defects, failure to properly test the product for use in Canada, failure to properly instruct or warn the consumer, and other failures that cause injury.The areas in which these types of cases arise include, but are not limited to, medical devices (implants, artificial limbs, etc.), consumer product defects, and personal care products.

Compensation for these cases include, but are not limited to, financial losses, general damages for pain and suffering, out of pocket expenses, private medical treatment, required home modifications, and prescriptions.

To successfully prove your case you will need to show that the manufacturer or the distributor owed you a reasonable duty of care in the circumstances and that they failed to discharge that duty. Contact a personal injury lawyer from Preszler Injury Lawyers to discuss your options as soon as possible.

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Schedule a call with our personal injury legal intake team. Our team is available 24/7 so call us now to book your call. Our scheduled intake allows you to tell us details about your accident and gives our legal team an opportunity to review your case and advise you on possible solutions and outcomes. The best part is, if you decide to hire us after this call - you don't pay anything unless we win. We can help clients regardless of where they reside in Nova Scotia & New Brunswick so let us help you get started on your road to recovery.

 

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