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Ontario|Personal Injury / LawsuitsPersonal Injury Claims 481 Product liability If you suffer a physical injury or if your property is damaged as a result of a product you have purchased, you can seek compensation from both the store that sold you the product and the company that manufactured the product. Depending on your injury, you may be compensated for your medical costs, financial losses, and for pain and suffering.
- Product warranty
You should check if the product came with an express warranty or guarantee either from the store or the manufacturer. If it did, you may be entitled to a refund or some other form of compensation by contacting the store or the manufacturer and explaining your problem.
- If product does not have a warranty
If you discover that the product did not come with an express warranty, or if you are told by the seller or the manufacturer that the defect you have experienced is not covered by the warranty, you may still be entitled to compensation. You should begin by contacting the store where you purchased the item. Under the Sale of Goods Act, stores have three legal obligations to their customers, regardless of whether the product came with a specific warranty or guarantee.
First, stores are legally required to sell products that are suitably fit for their purpose. This means that the product you purchased must function in the way that it is supposed to function. Second, if you bought the product based on a description, such as by catalogue, or if you bought the product based on a sample, such as buying carpet, the goods you receive must correspond to that description or sample. And third, if the goods are bought by description, such as by catalogue, they must be fit to be sold. If a seller violates any of these obligations, you are entitled to cancel the contract and receive a refund. If the store is unwilling to refund your money or otherwise compensate you, or if they insist that you contact the manufacturer, tell them that under the Sale of Goods Act, they are required to handle your complaint.
- Contacting the manufacturer
Although the store where the product was purchased should be your main focus, there are a few instances where you may want to contact the manufacturer. First, you may want to contact the manufacturer simply to warn them about the defective product. Second, if a store is completely unwilling to handle your complaint, you may have to call the manufacturer and explain your problem to their customer service department. Third, if you did not personally purchase the product, for example if you bought it second hand, a manufacturer will be your only avenue for compensation. If this is the case, the store where the product was purchased does not have any obligations to you under the Sale of Goods Act.
- Obligations of consumers to use products properly
Although you may have been injured or your property may have been damaged as a result of a defective product, you may be prevented from seeking compensation if you contributed to the injury or loss. For example, you cannot seek compensation if you failed to follow the safety instructions or the directions, or if you used the product in a way that it was not intended to be used.
If you have been injured by a product or if your property has been damaged, you should begin by writing a letter to the store explaining your problem and asking for specific compensation. If the store refuses to compensate you, and you cannot get satisfaction from the manufacturer, your only recourse may be to start a lawsuit. For legal advice or assistance, you should contact a lawyer.
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