A negligent manufacturer can be responsible for wrongful death in various ways, often stemming from their failure to ensure product safety. If you lost a loved one due to a manufacturer’s negligence, you and your family may be eligible to recover various forms of compensation. A skilled Edmonton wrongful death lawyer can carefully evaluate your claim, determine your legal options, and set you on course to recover the financial compensation you deserve.
How a Manufacturer May Negligently Cause a Wrongful Death
Here are several scenarios where a product manufacturer’s negligence can lead to tragic outcomes:
- Defective Products – When a manufacturer produces a product with defects – whether in design, manufacturing, or labelling – these defects can cause serious harm. For example, a car with faulty brakes may fail during operation, leading to fatal accidents. If the manufacturer didn’t properly test or inspect the product before it reached consumers, their negligence may result in someone’s wrongful death.
- Inadequate Product Warnings – Sometimes, a product is dangerous if not used correctly, and the manufacturer is responsible for providing clear instructions and warnings. If a manufacturer fails to include necessary safety warnings or instructions, users may not be aware of the potential dangers. For instance, if a household chemical has harmful fumes but lacks a warning label, it may cause a fatal reaction if inhaled.
- Poor Quality Control – Manufacturers are expected to maintain rigorous quality control to ensure products are safe for use. Negligence in quality control can allow unsafe products to reach the market. If a manufacturer ignores quality checks, a product may have inherent risks that result in a fatal incident. For instance, a faulty electrical component in an appliance may cause a fire, leading to wrongful death.
- Substandard Materials – Using inferior or unsuitable materials in manufacturing can also compromise a product’s safety. For example, using substandard metal in construction equipment can result in structural failures that may lead to fatal accidents. If a manufacturer cuts corners to save costs and the result is a dangerous product, they may be held accountable for any resulting deaths.
- Failure to Recall a Product – When a defect is discovered in a product that has already been sold, manufacturers are responsible for issuing recalls and informing consumers. If a manufacturer fails to act promptly to recall a dangerous product, those who continue to use it may suffer fatal injuries. The manufacturer’s inaction in addressing the problem can be deemed negligent and result in wrongful death claims.
In all of these cases, the common thread is the manufacturer’s failure to act responsibly and ensure that their products are safe for consumers. When negligence leads to fatal consequences, the manufacturer may be held liable for wrongful death.
Successfully Proving a Wrongful Death Claim Against a Manufacturer
In a wrongful death claim against a manufacturer, proving liability involves demonstrating several key elements. These elements establish that the manufacturer’s negligence directly caused the victim’s death. Here are the main legal elements of proof and the types of evidence important for building a strong case:
- Legal Duty of Care – The first element is showing that the manufacturer owed a legal duty of care to the deceased. Manufacturers are required to ensure their products are safe for use. Evidence to support this includes industry standards and regulations that the manufacturer should have followed. For example, documents showing safety guidelines or quality control procedures can establish that the manufacturer has a duty to produce safe products.
- Breach of Duty – Next, you must prove that the manufacturer breached this legal duty of care. This means showing that the manufacturer was negligent or failed to meet safety standards. Evidence for this can include internal communications, design documents, and records of quality control tests. Testimony from experts can also be crucial in demonstrating that the manufacturer did not adhere to accepted safety practices.
- Causation – It’s essential to link the manufacturer’s breach of duty to the victim’s untimely death. This means proving that the manufacturer’s negligence directly caused the fatal incident. Evidence such as accident reports, medical records, and forensic analyses can establish this connection. For instance, a report showing that a product defect was the direct cause of the fatal accident can be very compelling.
- Damages – Finally, you need to prove that the death caused significant damages. This includes both economic and non-economic damages. Economic damages may include funeral expenses and lost income, while non-economic damages may involve pain and suffering or loss of companionship. Evidence for these damages can include financial records and testimony from family members about the emotional effect of the loss.
Important Types of Evidence:
- Product Documentation – Records related to the design, manufacturing, and testing of the product can demonstrate whether it was produced according to safety standards.
- Expert Testimony – Experts can explain how the manufacturer’s actions or inactions led to the defect and the victim’s subsequent death.
- Incident Reports – Incident reports and other documentation from the scene of the occurrence can provide details on how the product failure occurred.
- Medical Records – These documents show the extent of the victim’s injuries and how they led to death.
Successfully Negotiating a Wrongful Death Claim
A skilled wrongful death lawyer plays a crucial role in negotiating a claim against a manufacturer on your behalf. Their legal knowledge and experience are vital in securing a fair settlement or judgment. Here’s how a lawyer can help with your wrongful death case:
- Understanding the Law – A knowledgeable wrongful death lawyer is well-versed in the applicable laws and regulations. They understand the legal requirements needed to prove negligence and liability on the manufacturer’s part. This knowledge helps them deal with the complexities of the legal system and ensures that your claim is handled correctly.
- Gathering Evidence – To build a strong case, your lawyer will collect and organize evidence that supports your wrongful death claim. This may include product documentation, accident reports, medical records, and expert testimony. A good wrongful death lawyer knows what types of evidence are essential and how to obtain them, ensuring that all relevant information is presented to support your case.
- Accurately Assessing the Value of Your Claim – A skilled wrongful death lawyer can accurately assess the value of your claim. They will consider various factors such as funeral expenses, lost income, pain and suffering, and loss of companionship. By evaluating these damages, your lawyer can determine a fair settlement amount and advocate for it during negotiations.
- Negotiating with Insurance Companies – Manufacturers often have insurance policies to cover liability claims. Your lawyer will handle negotiations with these insurance companies to secure a fair settlement. They understand the tactics insurers use to minimize payouts and can counteract these strategies effectively. Their negotiation skills help ensure that you receive appropriate compensation for the loss of your loved one.
- Communicating with the Manufacturer – Your lawyer will handle all communications with the manufacturer’s representatives. This ensures that discussions and negotiations are conducted professionally and that your interests are represented accurately. They can address any legal arguments or counterclaims that the manufacturer makes, keeping your case on track.
- Litigating if Necessary – If negotiations do not lead to a satisfactory settlement, your lawyer is prepared to take your case to court. They will file the necessary legal documents, present evidence, and argue on your behalf. Their courtroom experience is crucial in advocating for your rights and seeking justice for your loss.
By leveraging their negotiation skills and legal experience, a skilled wrongful death lawyer can effectively handle your claim against a manufacturer (and their insurer), aiming for a fair resolution and ensuring that you and your family receive the compensation you deserve.
Taking a Wrongful Death Case to Court
In a wrongful death case against a manufacturer, the process may involve either a trial or alternative dispute resolution (ADR) proceeding. Here’s what typically happens in each scenario:
Wrongful Death Trial:
- Pre-Trial Preparation – Before the trial begins, both parties gather evidence, which includes documents, expert testimony, and witness statements. This stage is known as discovery, where each side exchanges information relevant to the case. Lawyers prepare by developing their arguments, strategizing, and organizing evidence.
- Opening Statements – At the start of the trial, both sides present their opening statements. The wrongful death claimant’s lawyer outlines the case, explaining how the manufacturer’s negligence led to the wrongful death. The defence lawyer then provides their perspective, often attempting to refute the claimant’s lawyer’s statements or offer an alternative explanation.
- Presentation of Evidence – During the trial, each side presents their evidence. This includes witness testimony, expert opinions, and physical evidence. The claimant’s lawyer will demonstrate how the manufacturer’s product was defective and how it directly caused the death. The defence will try to counter this evidence, aiming to show that they were not at fault.
- Cross-examination – Each side has the opportunity to cross-examine the other’s witnesses. This means they question witnesses to challenge their credibility or highlight inconsistencies in their testimony. This process is crucial for testing the strength of each side’s evidence.
- Closing Arguments – After all of the evidence is presented, both sides give their closing arguments. The claimant’s lawyer summarizes the evidence supporting the wrongful death claim and argues for damages. The defence lawyer will summarize their case, aiming to convince the judge or jury that the manufacturer is not liable.
- Verdict – The judge or jury then deliberates and delivers a verdict. If they find in favour of the claimant, they will determine the damages the manufacturer must pay.
Alternative Dispute Resolution (ADR):
- Mediation – During mediation, a neutral mediator helps both parties negotiate a settlement. The mediator facilitates communication and helps identify common ground. The goal is to reach an agreement without going to trial. If successful, the case is settled based on the negotiated terms.
- Arbitration – During arbitration, a neutral arbitrator hears evidence from both sides and makes a binding decision. The process is more formal than mediation but less so than a trial. The arbitrator’s decision resolves the dispute, and the parties must adhere to it.
Recovering Compensation for a Wrongful Death Claim
In a wrongful death claim against a manufacturer, various forms of compensation may be recoverable to address the losses and suffering that surviving family members experienced – and which they may continue to experience. Here are the primary losses for which you can seek compensation:
- Economic Damages – These are financial losses that can be quantified and documented. They may include:
- Lost income and Future Income – This compensation covers the deceased’s lost income, which may include salary, earnings, or benefits they would have earned if they had survived. It also considers future earning potential, reflecting the income that would have been earned over their lifetime. The calculation typically involves evaluating the deceased’s current earnings, career trajectory, and potential for future raises.
- Loss of Financial Support – If the deceased was a primary breadwinner or contributed financially to the household, the claim can include compensation for the loss of this financial support. This calculation considers the financial contributions the deceased made to their family, including support for dependents and household expenses.
- Non-Economic Damages – These damages are more subjective and address the emotional and intangible effects of the loss. They can include:
- Pain and Suffering – This compensation acknowledges the emotional distress and suffering that surviving family members experienced due to the loss of their loved one. It reflects the anguish, grief, and emotional pain directly resulting from the death. While harder to quantify, this compensation aims to provide some relief for the profound effect of the loss on the family’s emotional well-being.
- Loss of Companionship – Also known as loss of consortium, this compensation is for the loss of the deceased’s companionship, affection, and support. It recognizes the effect on the family’s relationships and the emotional void that the deceased left. This can be particularly relevant for spouses and children who experienced a significant change in their familial and emotional relationships.
- Punitive Damages – In some cases, punitive damages may be awarded to punish the manufacturer for particularly egregious or reckless behaviour. These damages are intended to deter similar conduct in the future and are awarded in addition to compensatory damages. They are not always granted and depend primarily on the circumstances of the case.
Each form of compensation is aimed at addressing different aspects of the loss, helping to provide financial relief and acknowledging the emotional effect of a wrongful death.
Speak with an Experienced Wrongful Death Lawyer Today
Losing a loved one is never easy – especially when that loss results from someone else’s negligence. If you recently lost a loved one due to a manufacturing defect or defective product, a skilled Edmonton personal injury attorney can review the circumstances with you, determine your options, and pursue the compensation that you and your family deserve at this difficult time.
