FAQs

Defective Products & Products Liability

• When is a product defective?
• Who may be liable for supplying a defective product?
• How much time do I have to bring a product liability action?

When is a product defective?
A product is defective if it does not provide the level of safety which the community generally is entitled to expect. The level of safety will vary from case to case and it is ultimately for the court to determine whether a product is defective. However, there are a number of factors the court will take into account when making its determination, including:

• The manner in which and the purposes for which the product has been marketed;
• The packaging of the product;
• The use of any mark in relation to the product;
• Instructions for or warnings with respect to doing or refraining from doing anything with or in relation to the product;
• What might reasonably be expected to be done with the product; and
• The time when the product was supplied.

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Who may be liable for supplying a defective product?
Generally speaking, a company that manufactures, imports, or sells a product is liable for a defective product.

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How much time do I have to bring a product liability action?
Generally, a person has three years to bring an action from the time of injury. Disabled persons or minors may have more time.

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You should always meet the lawyer who will actually handle your case to make sure you feel comfortable in placing this important matter in his hands. Look over Paul Goldstein and Mark Metzger's biographies and make "The Right Choice".

If you have further questions, please contact us at 1-800-430-7001 or e-mail us at: gm@goldsteinmetzger.com.