According to Canadian law, consumers must be warned of any possible side effects from a given medication. Issuance and display of such a warning shields a manufacturer from the chance that he or she might be held liable for those same side effects. The Canadian rule applies even after the product has been put on the market.
Significance of a failure to issue a warning
A manufacturer that has been charged with such a failure could been accused of negligence. Then, if anyone got harmed, by ingesting the product without a warning label, the same manufacturer could be declared liable.
If a manufacturer does not want to create a warning label, what alternative procedure could be used?
Manufacturers can arrange for intermediaries to warn customers. In the case of a medication, the intermediary could be a doctor or a surgeon. Still, any such intermediary must be fully aware if all the risks associated with a given product.
Evidence needed by someone that plans to file a claim of liability on the part of the manufacturer
You need proof that the product that has come from a given manufacturing plant can harm the person that uses it. There needs to be proof that the manufacturer was aware of the product’s ability to harm the person that chose to use it.
Analysis of the warning issued by the manufacturer. Was it an adequate and reasonable warning? If intermediaries were used, did each of them have a full understanding of the product’s effects?
Proof of the extent to which the identified product caused the user to get harmed. This is called proof of causation. It is important that there is proof of the extent of damages suffered by the product’s user. Pictures of the damages make the case even stronger.
The ease of finding the needed evidence
The first proof should be easy to obtain. The other pieces of evidence could prove far harder to secure. A smart victim makes a point of hiring a Personal Injury Lawyer in Ottawa. Supported by that legal guidance, the same victim has increased the chance that he or she will have a winning case, after that same case gets taken to court.
How can you secure such support? It must come from someone that is familiar with all the related laws. Some of those laws detail the evidence needed, in order to make a claim. As a layman, you or most people are unaware of the intricacies of the tort laws and that is why they need to hire a good and experienced lawyer that understands the finer points of the case and represents their interests.
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