McLeish Orlando's Products Liability Lawyers

Our lawyers are knowledgeable about product liability legislation and can call upon a range of resources to assist in cases. We are skilled negotiators who are familiar with the tactics that the defence will employ. This experience allows us to prepare our arguments in the most thorough and effective way possible.

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When you, a child, or someone you love suffers serious injury or death because someone sold a defective or dangerous product, it is important to ensure that they have the best legal representation possible. This means a legal team that includes lawyers and clerks that have the experience, funding, resources, and knowledge with products liability lawsuits.  Having experience in proving why a product is defective and how it caused harm to a person is essential for success.   

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Looking to Discuss Your Product Liability Case With Our Experienced Product Liability Lawyers?

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McLeish Orlando LLP

Experienced Products Liability Lawyers

Experience may be in various areas, and can include cases that involve:

  • Dangerous and defective products that explode and burn people such as outdoor firepits, outdoor lanterns, paraffin candles, furnaces, exploding batteries, lighters, heaters
  • Dangerous and defective equipment that are unsafe or fail to protect people such as helmets, padding, braces, elevators, escalators, medical devices, implants, child seats, seatbelts, airbags, floor mats
  • Dangerous and defective food and drugs that poison, injure or kill people including household chemicals, cosmetic applications, listeria, pharmaceuticals
  • Dangerous and defective toys and sporting goods
  • Dangerous and defective recreational equipment and landing zones such as trampolines, inflatable mats, amusement rides, jumping pits, gymnastic equipment, playground structures, swings, monkey bars etc

An experienced products liability lawyer will need to determine if your case will succeed and who should be sued.  Having the staff, resources and network of professionals and experts to help investigate and test the product is required.

Who to Sue in a Products Liability Case?

Choosing the right parties is a key component and requires searches and investigations into the product.  In determining if the case will be successful, your lawyer will look at potential parties.  These can include companies or individuals involved in the product.  They may include:

  • Who manufactured the product?
  • Who designed the product?
  • Who installed or assembled the product?
  • Who transported or stored the product?
  • Who distributed the product?
  • Who sold the product?

What Type of Defects Cause a Product Liability?

Part of the investigation will also require an understanding of the type of defect when it comes to responsibility:

  • Is it a design defect that made it unsafe?
  • Is the design safe?
  • Is it within accepted standards?
  • Did the defect occur during the manufacturing process?
  • Does it contain something it should not?
  • Does it not contain something it should?
  • Did someone forget to do their job or follow a procedure?
  • Was the product marketed negligently in the form of labeling, warnings or insufficient instructions?

What Standards are Applied in Products Liability Cases?

Where the product was made is also important and whether they made the product to meet Canada or Ontario standards or did they use their own country standards. Standards used in cases vary depending on the product.

What Documents are Needed in Products Liability Cases?

Your lawyer will also need to investigate any documents that you have regarding the product. This may include:

  • The contract or sale agreement: Does it promise to perform in a certain way that it did not. This may result in liability for misrepresentation or breach of contract
  • The instructions and manual that came with the product
  • Marketing material regarding the product
  • Labels, stickers, and warning
  • Sales receipts

Understanding Products Liability Law

A good understanding of the law is also required so that the lawyer and their team can develop theories relating to negligence, strict liability, or breach of warranty.  A lawyer will need to be aware of the laws and statutes that can create exposure.  These may include:

  • Sale of Goods Act and whether the product will be fit for purpose or of merchantable quality
  • Tort law giving rise to a claim for negligence

What Experts and Records Are Needed in Products Liability Case?

An experienced lawyer may have to access or obtain Forensic Experts and Testing.

Accessing records is needed from associated parties such as:

  • Canada Food Inspection Agency
  • The Coroner’s Office
  • Electrical Safety Authority in Ontario
  • Ministry of Labour
  • TSSA
  • Fire Marshall
  • The Police

Experience and Understanding Injuries and Trauma in Products Liability Cases

A lawyer experienced in product cases involving severe burns, multi-trauma fractures, spinal cord injuries, traumatic brain injuries, disfigurement, amputations and internal organ and tissue damage will know from experience on how to help prove the nature and extent of your injury and what damages or compensation should flow from that.

Building the Case for Compensation

Unfortunately, not all persons injured from defective products fully recover.  Therefore, they find themselves needing help to ensure they have their financial needs met, that they have professionals and services available to let them live with dignity and independence, and that they are compensated for their pain and suffering. An experienced lawyer knows that these cases take special care, require significant firm funds, and a good team to succeed.  Essential litigation success may require the following:

Assembling Top-notch Medical Expert Reports

Selecting experts that specialize in your type of injury to give a medical opinion is key. An experienced lawyer will know which medical specialists are needed.  The specialty will depend on the nature and extent of the injury and can include plastic surgeons, internist, neurosurgeons, neurologist, neuropsychologists, orthopedic surgeons, infectious disease specialist, pharmacologist, physiatrists, etc.

Assembling Medical Illustrations and Using Demonstrative Aids

Not only is it crucial to ensure you have top experts, but you must ensure the court and the people listening to your case understand the anatomy of the body and the injuries sustained.  One key component an experienced lawyer will use is medical illustrations, 3D videos, anatomical skeletons and brains, and other aids to help the experts teach where the injuries are and how they impact the body.  Demonstrative Aids are also used by the forensic team when showing how and why a product is defective.

How can McLeish Orlando’s Product Liability Lawyers Help in Product Liability Cases?

The personal injury and product liability lawyers at McLeish Orlando understand that dangerous and defective products can cause not only death but also serious pain and disability for years and, sometimes, for life. Our goal is to prove the product is defective and dangerous and also obtain compensation for the full extent of our clients’ injuries. We retain trusted engineers and medical experts who assist in proving the case  and provide an accurate prognosis for our clients, and who can testify regarding the degree of future disability our clients may experience and the effects this will have on our clients’ lives. We thoroughly prepare each case for trial, however, by doing so we are most often able to achieve a reasonable settlement outside of court.

Our lawyers have handled a number of  products cases over the last twenty years  that include exploding and flammable products,  candles, defective sporting equipment mats, inflatable landing zones, defective playground, equipment, trampolines, defective amusement rides, defective food products, gymnastic equipment, choke hazards, motor vehicle devices, ladders, platforms, and others.

If you or your loved one is in need of a lawyer experienced in dealing with  injuries or death arising out of defective and dangerous products, contact McLeish Orlando Lawyers for a free consultation.

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