Advertisements are created to sell products and services. But there are times when they're more than just a little embellished. Sometimes they falsely highlight the product or service in an over-the-top pitch to entice further purchases. However, the Competition Act in Canada states that advertising can't be misleading or false, since such ads could lead consumers to buy faulty products which could lead to products liability suits being launched -- one way businesses might be found responsible for making erroneous claims.
British researchers have found that metal-on-metal hip replacements are highly likely to fail. This paves the way for the launching of products liability suits by the tens of thousands of people over the world -- many of whom are in Canada -- who may be affected by that possibility. The research was mainly focused on a device known as the DePuy Pinnacle device, which is a metal liner as a replacement socket and a metal ball that acts like the bone in the top of the thigh.
Health Canada is urging consumers not to use the product Hydroxycut because of the number of adverse reactions reported. Although not authorized for sale in Ontario or the rest of Canada, consumers can still purchase the product. A products liability suit has been launched against the manufacturer of the product, Iovate Health Sciences Inc. of Oakville. Health Canada is monitoring the situation.
Flour produced by Ardent Mills along with multiple related products have been linked to the E.coli outbreak that infected 30 people across Canada between last November and March of this year. Although no new cases of E.coli have been reported since April, more products are recalled as health inspectors continue to identify potential hazards. Anybody who suffered adverse health after consuming dangerous food products may have grounds to file a products liability lawsuit.
Talcum powder has been used for generations. People use it to keep their bodies dry and mothers use it help fight diaper rash. While it would seem that the use of talc is benign, there exists strong links to ovarian cancer in women who use these products on a regular, long-term basis. News sources across the country are filled with stories about talcum powder and its link to cancer, but many Ontario consumers are still confused about the dangers associated with talcum powder.
A class action lawsuit has been brought against Medtronic of Canada Ltd. and Medtronic, Inc. over the defibrillators that the company sold. Though these are designed to help people with heart conditions, there have been serious concerns at almost every level, from development and design to testing to the marketing and sale of these units. There are potential issues with both cardiac resynchronization therapy defibrillators and implantable cardiac defibrillators.
Toyota was in the news a lot a few years back for throttle issues with a number of vehicles specially centering around the electronic throttle control system or ETCS-i. In an effort to make it right, it provided consumers who have bought those possibly defective vehicles with a new Brake Override System. This upgrade was done for free.
When you get a hip replacement, you want the new device to function perfectly. You want increased mobility and better overall movement. You want stability and reliability. What you don't want is severe, chronic pain. Unfortunately, that's what a number of people got with Zimmer Durom Cup implants.
If you're injured while using a product, the manufacturer may claim that you were misusing it. How is this going to impact the case?
When it comes to a product liability case in Ontario, there are five key components that have to be considered. They are as follows: