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Product liability cases don't have to relate to physical injury

When you think of product liability cases, do you typically assume that they involve dangerous products which have caused physical injury to those who used them? While this is true in many cases--such as a defective automobile that caused an accident or did not protect a person properly during a crash--it's very important to note that not all liability cases lead to physical injury. Cases can also be started after property damage or economic loss.

For example, you may take a defective drug that is supposed to cure a chronic disease. The drug may not hurt you, but it may simply be ineffective due to the defects. Additionally, there could be issues with the labelling--like the instructions regarding how much to take--that means the drug didn't work as intended.

In a case like this, though you haven't been physically harmed, you could still suffer serious economic losses. Many drugs are quite expensive, so you could be out that money up front. Additionally, your disease could grow more advanced while you're taking the drug, meaning you need far more expensive treatment when it is finally discovered that the drug doesn't work. In both situations, you've wasted a lot of money, so you may want to cover these losses.

Property damage often relates back to a defective product that could have harmed you but didn't due to good fortune. For instance, you may own a car that has been linked to fires due to an engine defect. If that happens while the car is stored in your garage, your entire home could be destroyed or seriously damaged. Even if you weren't at home and you're physically safe, you still shouldn't have to cover the costs of the damage yourself.

To learn more about exactly how liability cases work in Ontario and when you have a legitimate claim, please contact us today.

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