Injured by a Defective Product? We Can Help You Pursue Compensation
Consumer and commercial products should be reasonably safe when used as intended. Unfortunately, defective designs, production errors, contaminated materials, and inadequate warnings can cause serious injuries.
If you were injured by a faulty product, Van Dyke Law can assess what happened, identify the parties that may be responsible, and help you pursue fair compensation. We offer free consultations and handle qualifying personal injury claims on a contingency fee basis, meaning there are no upfront legal fees.
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A defective product liability claim may arise when an unsafe product causes an injury or death.
Depending on the circumstances, responsibility may rest with a manufacturer, designer, parts supplier, importer, distributor, retailer, or another business involved in bringing the product to market.
Manufacturers have a legal duty to take reasonable care not to place unsafe products into the marketplace. They may also have an ongoing duty to warn consumers about dangers they know or ought to know about, including risks discovered after a product has been sold.
These claims often require detailed investigation. The product may need to be examined, its design and manufacturing history reviewed, and evidence obtained from engineers, medical professionals, or other specialists.
A design defect exists when a product is inherently unsafe because of how it was planned or engineered. The danger may affect every product manufactured according to that design.
Examples can include unstable ladders, unsafe machinery, dangerous children’s products, or vehicle components that do not provide reasonable protection during ordinary use.
A product may be safely designed but become dangerous because something went wrong during production, assembly, inspection, or packaging.
Claims may involve faulty brakes, contaminated food, improperly assembled appliances, weakened equipment, or safety products that break when needed.
Manufacturers must provide appropriate instructions and reasonably communicate known risks associated with a product’s ordinary use. A failure-to-warn claim may involve missing labels, unclear directions, undisclosed hazards, or inadequate information about medication side effects.
Unsafe products can cause harm at home, on the road, at work, or while receiving medical treatment. Van Dyke Law assists injured people with claims involving:
The federal Canada Consumer Product Safety Act includes prohibitions, incident-reporting duties, testing requirements, and powers relating to recalls and corrective measures for consumer products. A recall or regulatory investigation may provide useful evidence, but it does not automatically determine the outcome of a civil injury claim.
More than one business may have contributed to a defective product reaching the consumer. Potentially responsible parties can include:
Determining liability requires tracing the product through its supply chain and examining how it was designed, manufactured, inspected, labelled, distributed, and sold. Several parties may share responsibility when separate failures contributed to the injury.
Product failures can result in burns, broken bones, deep cuts, eye injuries, electrocution, poisoning, amputations, traumatic brain injuries, and spinal cord damage. In severe cases, the injured person may experience permanent disability, require lifelong care, or be unable to return to work.
A fatal product-related incident may also give rise to a wrongful death claim by eligible family members.
Compensation depends on the nature of the defect, the evidence, and the effect of the injury on the person’s life. A successful claim may provide compensation for:
Van Dyke Law examines both immediate losses and the long-term financial consequences of the injury when assessing a claim.
Your health comes first. Seek medical treatment and describe how the injury occurred so that the incident and your symptoms are properly documented.
Whenever possible, preserve the product in its current condition. Do not repair, alter, return, or dispose of it. Keep its packaging, receipt, instruction manual, warranty information, serial number, and any correspondence with the seller or manufacturer.
Photograph the product, the surrounding area, and your visible injuries. Write down what happened while the details remain fresh and retain the names of anyone who witnessed the incident.
Before providing a formal statement or accepting an offer from a manufacturer or insurer, speak with a lawyer about your rights and the evidence needed to protect your claim.
Product liability cases can involve technical evidence and several potentially responsible businesses. Van Dyke Law can:
Throughout the claim, clients receive direct, practical guidance and regular communication about what is happening and what comes next.
For more than 30 years, Frank Van Dyke has represented people injured through negligence across Ontario. His practice focuses on personal injury, disability, insurance, WSIB, and related claims.
Clients receive one-on-one representation tailored to the effects the injury has had on their health, employment, finances, and family. Free consultations are available, and home, hospital, and virtual meetings can be arranged when travel is difficult.
There are no upfront legal fees for qualifying contingency-fee cases. Legal fees are payable only if compensation is recovered.
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“I work hard to build trust with my clients, communicating regularly so that they know I have their back.”
– Frank Van Dyke
If an unsafe vehicle, appliance, medical device, medication, food product, tool, or other item caused your injury, early legal advice can help preserve important evidence.
Contact Van Dyke Law for a free consultation. We serve clients throughout Ontario from our Kingston, Belleville, and Ottawa offices, with home and hospital visits available where appropriate.
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A product may be defective because its design was unsafe, an error occurred during manufacturing, or the instructions and safety warnings did not adequately identify foreseeable risks.
Depending on the evidence, responsibility may extend to manufacturers, designers, component suppliers, importers, distributors, retailers, or several parties within the supply chain.
Evidence may include the product itself, photographs, receipts, manuals, medical records, witness statements, recall information, manufacturing documents, and expert analysis.
A recall may support an investigation but does not automatically prove liability or compensation. Your lawyer must still connect the defect to your injury and resulting losses.
Yes, whenever it is safe to do so. Do not alter, repair, return, or discard it. Preserve its packaging, labels, instructions, and purchase records as well.
Ontario’s general limitation period is two years from the date a claim is discovered, although exceptions and other deadlines may apply. Prompt legal advice is important because evidence can disappear and limitation issues can be complex.
Van Dyke Law offers free consultations and handles qualifying claims on a contingency fee basis. You do not pay legal fees upfront, and fees are collected only if compensation is recovered.