Snowmobiling is extremely popular in Ontario winters. It’s a fun sport and a thrilling way to get around. Unfortunately, high-powered snowmobiles can cause serious injuries and lasting physical, emotional and financial consequences.
You may be entitled to significant compensation if you or a loved one has been hurt or killed in a snowmobile accident caused by someone else’s fault or negligence. You may have the right to bring a personal injury lawsuit against a snowmobile operator, other driver, or property owner, for example.
Another option to explore is a lawsuit against a manufacturer for injuries caused by defective snowmobiles, equipment, or parts. Today’s article will focus on product liability and snowmobile defect lawsuits.
Manufacturer liability in injury cases
You may have the right to file a lawsuit to recover damages if you’ve been injured by a defective consumer product. Manufacturers, distributors, and sellers of consumer goods such as snowmobiles and snowmobile equipment are responsible for the safety of their products.
Defective product lawsuits against a manufacturer can be based on negligence, breach of contract, and/or breach of statute. Negligence claims typically arise from one or more of the following issues:
Design Defects. A design defect is an inherent flaw in the design of a product that makes it unsafe or unreasonably dangerous to the user of the product (e.g., a snowmobile’s fuel line is defectively designed, creating a fire hazard).
Manufacturing Defects. This type of defect occurs in the manufacturing or production process, resulting in an unsafe product that does not meet intended design specifications (e.g., mistakes in the assembly process that lead to defects in a snowmobile’s steering or braking system).
Failure to Warn. A manufacturer can be held liable if it fails to provide adequate warnings or instructions about potential dangers associated with using the product in question (e.g., a snowmobile manufacturer fails to warn of a rollover risk).
Compensation in a product liability case
In a defective product lawsuit, you can claim for damages including lost income, lost future earning potential, reimbursement for medical bills and other out of pocket expenses, and compensation for your pain and suffering. An Oshawa accident lawyer at our firm can review your case and help you determine the types of damages you can claim and what your claim is worth. We welcome you to contact us today to schedule your free initial consultation.
Proving manufacturer liability in injury cases
Holding manufacturers accountable for defective products is extremely important—but it’s not easy. Manufacturers tend to be large corporations with powerful resources to dodge defective product lawsuits. Product liability cases tend to be complex, involving several parties (e.g., the manufacturer, the seller, insurance companies), and require a strong understanding of a variety of laws and regulations.
A successful product liability lawsuit requires evidence proving the defect and its cause. A product recall can be relevant evidence, but on its own it’s not enough to form the basis of a lawsuit. Expert evidence is typically the key to a successful product liability case. A manufacturing expert can provide an opinion on defective design, manufacture, etc. in relation to a faulty product.
It’s highly recommended that you work with an experienced personal injury lawyer. Oshawa and Lindsay accident claims lawyers at Kelly Greenway Bruce can help file a product liability lawsuit to get compensation for the damages you endured due to a defective snowmobile.
If you chose to work with us, we will walk you through the entire process, from securing evidence—including expert evidence where necessary—and preparing a strong case to negotiating with the insurers representing the parties responsible for your injuries. Our lawyers can also anticipate and push back against defences raised by the manufacturer, such as contributory negligence or allegations that you misused the product.
Snowmobile Accident Claims Lawyers
Lindsay and Oshawa personal injury lawyers at Kelly Greenway Bruce understand that snowmobile accidents can cause many physical, emotional and financial consequences. We can help you explore your legal options, protect your legal rights, and understand what your claim is worth.
We pride ourselves on fighting tirelessly to ensure our clients get the compensation they deserve. To find out if you have a case, contact us today at our Oshawa or Lindsay offices.
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