When thinking of product liability lawsuits, people in Ontario often assume that the product has to break or malfunction in some way. For instance, if an airbag fails to go off during an accident, meaning the person in the crash is more heavily injured than they should have been, it sets up the grounds for the lawsuit. While this is true, it's important to note that the products don't always have to fail or break for a lawsuit to take place.
Take, for example, a product with a defective design. It may work perfectly, just as intended, and still cause injury. This means that the design is to blame and the company can still be held liable if the product didn't meet basic safety standards and directly led to the injury. This is why companies test their products so many times before releasing them.
Another example is when the packaging on a product is incorrect. This sometimes happens with medications. If you're supposed to take one pill every day and the packaging says you can take three per day, it makes it easy to overdose on the medication. This doesn't mean anything was wrong with the medication itself, which was designed to be used in lower doses and may have worked perfectly if taken properly, but the incorrect packaging could still mean that the company that produced it is liable for the injuries that occurred.
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