A Failure is not Always a Fault
Most every gadget or appliance breaks or stops working – eventually.
When it does, injury or loss may result. But product failure may not be to blame.
To be at fault, the product must demonstrably have:
- Defective or dangerous design
- Defective manufacturing
- Inadequate warning or instructions
It starts getting murky from there.
Product liability is full of grey areas. For example, to be liable:
- Design flaws should reasonably have been anticipated
- The device should have been properly used
- Instructions and warnings must have been inadequate
How clear are should, properly, inadequate? What happens when the product is damaged and evidence destroyed? To get it right takes uncommon expertise and experience.
It’s one thing for a product to fail. It’s quite another for your investigation to fail.
For best results, do not fail to call Rob Sparling at 416.368.1700.