Product liability : Can having a garage sale make you liable?

Garage Sales and Product Liability

What do product liability and garage sales have in common. Springtime brings new beginnings. When the warm weather finally comes, we are all anxious to open the doors and windows and begin the spring cleaning. Out with the old and in with the new.

As the seasons change and the children grow, we are anxious to get rid of the stuff we no longer use. Old toys, car seats, strollers, playpens and bicycles and helmets are the first to go.

Beware, selling your things carries a responsibility. Did you know that you are legally responsible to ensure that anything you sell, new or used, meets the current Canadian regulatory requirements?

Canada Consumer Safety and Product Liability

Since the enactment of the Canada Consumer Safety Act, if you sell a product that is banned in Canada, defective and will cause injury to the user or part of a product recall you will be responsible for anyone getting hurt who uses the product you sold them.

Before you hold a yard sale or flock to Kijiji to sell off your clutter, take a few precautions. Find out if the item you are selling has been banned in Canada. You can find that information on the Health Canada website.

Some of Canada’s banned products include:

· baby walkers

· infant self-feeding devices

· lawn darts with elongated tips

· baby bottles that contain BPA

Health Canada Consumer Product Liability Safety Product Recall page

Make sure that the products have not been recalled by checking the Health Canada Consumer Product Safety Product Recall page.

If you need to find out if a product has been recalled, you can contact the retailer or manufacturer or check for recent recalls and safety alerts on the Health Canada webpage. Double check infant products like playpens, car seats or strollers, still have the manufacturers label including model and date of manufacture on it.

Don’t sell toys with loose parts like buttons or knobs that can easily become choking hazards.

Buyer Beware. When you buy products from flea markets yard sales or even online, you should always ask questions about the item you are considering. Ask the seller where they bought it, how long they have had it or if it has ever been repaired or recalled. If you are buying infant products look for the manufacturers tags and check online for recalls on the item.

If you, or a loved one, has been injured by a product, you can make a product liability claim against the manufacturer or seller of the unsafe product. Call us today for a free consultation. We will gladly answer all of your questions and concerns so that you have all of the facts about making a claim


Know before you loan your vehicle. Is a hand shake enough ?

The risks of loaning your vehiclelegal agreement

Lately , we’ve received a number of calls from Ontario drivers wanting more information about lending their cars to friends and family members . Of course there will be situations in life where it just makes perfect sense and is convenient to lend your car to someone. As Ottawa personal injury lawyers, we must caution you on making the decision to whether or not lend  your vehicle to someone who is not listed on your insurance policy. There are certain risks and liabilities for both the owner of the vehicle and the driver who is borrowing the vehicle, that we feel needs to be brought to the attention of the people of Ontario.

Can your insurance premiums change if you loan your vehicle to someone?

The Ontario insurance regime was set up that you can loan your car to someone because your insurance policy follows your vehicle. This means that even if you aren’t in your car and you loan your vehicle to someone who gets into an accident in your vehicle, they may be covered. In essence, they may be “using” your insurance policy. Of course, this does mean that should they get into an accident and they are at fault, yes, your insurance premiums may be affected moving forward.  If your friend or family member is in an at-fault accident while driving your car, your insurance premiums could be affected.  If they happen to have their own insurance, then they would access their own Accident Benefits but if they do not, they would access Accident Benefits through your insurance policy.

What you need to think about before loaning your vehicle to someone…

When loaning your vehicle, remember you do not have to disclose the names to your insurance company however,  it’s best to remember the following:

  1. You must agree either verbally or in writing  that you are loaning your vehicle to the intended driver.
  2. If you are loaning your vehicle regularly to someone ( ex once a week) you must inform your insurance company and have them added as an occasional driver. There is often no extra charge in doing so.
  3. Make sure that the person you are loaning your vehicle to has a valid driver’s licence and that this licence is valid in the province that you both live in
  4. Provide a copy of the registration and proof of insurance in the car and let the borrower know of their location
  5. Ensure the person you are loaning your vehicle to knows not to let anyone else drive the car.

The Insurance Bureau of Canada

The Insurance Bureau of Canada (IBC) states “ ​​Risk management involves identifying and understanding risks. Whether you’re lending your vehicle or participating in a vehicle exchange, you can limit your exposure to risks through loss prevention techniques.”  IBC offers many tips on managing these risks on their website www.ibc.ca

Knowing the implications of loaning your vehicle is important. For more information on Accident Benefits , visit www.ottawainjury.ca/insurance-claims


We are Ottawa personal injury lawyers and we can help.

What can our Ottawa personal injury lawyers  do for you ?

Fair question .  We receive calls from clients who are about to settle their insurance claim with their adjuster and simply want to know should they ?  It’s tough for our injury lawyers to answer this question without reviewing the file.  Typically, when we receive a call of this nature, we set up a meeting (no charge) and look through the facts of the case.  It’s important that everything be reviewing in case there have been areas of a personal injury file that were not discovered or covered by the insurance company. Almost every time, sure enough, our Ottawa injury lawyers are able to find many expenses that should have been covered or aspects of an accident benefits policy that were not being utilized .  That’s not to say that the insurance company was deliberately hiding such coverage, it’s just that often times unless the person injured knows to ask for all the right benefits and coverages, some simply do not come up.  ocf form

Ottawa injury lawyers analyze your case.  Are you getting maximum compensation for your injuries ?

Our personal injury lawyers can analyze your case and in some cases discover that the insurance claim is in fact double or triple what the insurance company is looking to settle for.  Thankfully, as long as you have not signed off on the settlement offer, there may still be time to recoup these amounts with the assistance of a personal injury lawyer.  This absolutely makes it worth while to consult with an experienced personal injury lawyer.  All it will cost you is time; probably close to an hour for this initial consultation.  Our Ottawa personal injury lawyers make it even easier and will come to you.

If we think your case is worth more, we will advise you not to settle and we can step in to represent you and prepare a claim for you.  It may delay the settlement; however this delay is in our opinion worth it as typically the settlement amount is significantly higher. Not to mention, you will be receiving benefits and treatments you may not have been receiving before our personal injury lawyers stepped in.  This will hopefully speed up your recovery process.

This is a personal injury lawyer’s job…

You owe it to yourself to consult with one of our experienced personal injury lawyers. It’s our job to ensure that our personal injury clients are receiving the best possible treatments, as well maximum compensation.  Our Ottawa personal injury lawyers understand what you are going through.  An accident can change in your life and your family’s life in many ways you never thought possible. Let us help.


Richmond accident Franktown Road results in severe head injury, arm injury, leg injury and internal injuries. Ottawa injury lawyer David Hollingsworth shares story.

Ottawa Injury Lawyer David Hollingsworth and Associates… A terrible accident has left a 60 year old man in critical condition in an Ottawa hospital.  The accident occurred yesterday morning on  Franktown Road , close to Richmond. A 54 year old woman was also travelling with the man and she too was rushed to an Ottawa hospital with a severe arm injury, leg injury and internal injuries. The 2 were travelling in a mini-van and  lost control . The vehicle then hit a culvert. The driver suffered a life threatening head injury and was unconscious when rescue crews arrived to the accident scene.  My thoughts are with these 2 at this time and  I hope that they are able to recover FULLY from this terrible accident .

The Canadian Institutes of Health Research (CIHR) estimates that there  600 traumatic brain injuries for every 100,000 people in North America and Europe. Many brain injuries occur as a result of car accidents and can range in severity from concussions to traumatic brain injuries. After an accident where there is a suspected brain injury, medical professional will often use a Glasgow Coma Scale (GCS) to determine the level of the brain injury by testing the person’s ability to open their eyes and respond to verbal commands and motor stimuli. Depending on the responses, medical professionals are able to determine the level of the brain injury. The lowest score on a Glasgow Coma Scale is  3, which essentially is no response and a score of 15 would indicate that the individual is alert and responsive.

Experienced Ottawa brain injury lawyers

Our Ottawa personal injury lawyers are highly experienced in brain injuries. It’s important that the lawyer you hire not only be a personal injury lawyer, but they have experience with brain injuries.  Experienced brain injury lawyers understand the life-long implications a brain injury can have on an individual as well as their families. A injury lawyer experienced in brain injuries will also have an understanding of the amount of financial compensation required for a comfortable life with a brain injury. This knowledge and expertise will be crucial in securing maximum compensation.

If you are looking for a brain injury lawyer, contact us for a free consultation meeting where we can walk you through your options.


Ottawa accident Rideau Canal sends one to Ottawa Hospital Trauma Centre with serious personal injuries.

Rideau Canal Accident

Personal Injury Lawyer Ottawa Ontario, David Hollingsworth

Yesterday, a man was brought to an Ottawa hospital , after he lost control of his vehicle yesterday morning. The accident occurred  on Colonel By Drive.  The man was driving on Colonel By Drive when he lost control of his car and ended up driving right into the Rideau Canal. The Ottawa accident occurred close to Heron Road Bridge and University Drive in the early morning hours. Thankfully the Rideau Canal had already been drained for winter and had little water in it. The driver was in his late 20s and was alone in the car at the time of the Ottawa accident. Ottawa rescue crews had a difficult time helping him escape and needed to extricate the driver and cut the man’s car open. Thankfully they were able to help bring the driver up from the bottom of the Canal; when he was then rushed to the Ottawa Hospital Trauma Centre in stable condition. He suffered serious personal injuries to his lower body and was treated for exposure to cold. RCMP do not believe that alcohol was involved  in the Ottawa accident.

Orthopaedic Injuries

Orthopedic injuries or broken bone injuries can be devastating.  Orthopaedic Injuries can take on many form; however the most common include fractures, sprains and strains. In most cases, broken bones will heal; however in order for the broken bones to heal, proper medical treatments, rehabilitation and supports must be out in place.  Our personal injury lawyers in Ottawa can help refer to specialists, work with your rehabilitative team and most importantly secure your financial future by ensuring you receive maximum compensation for your injuries.  Unfortunately broken bones often cause pain down the road and this also needs to be compensated for.  Consult a personal injury lawyer with any questions you may have surrounding broken bones and personal injury . Call our injury lawyers and we will answer your questions and give you advice for free.

 


Ottawa Injury Lawyer :How long does it take for an Ontario personal injury lawsuit to settle ?

Ontario Personal Injury Lawyers, Ottawa Personal Injury Lawyer David Hollingsworth…How long does an Ontario personal injury lawsuit case take to settle?

Well, that’s an excellent question and there isn’t one straight forward answer.  The length of time it takes  for an Ontario personal injury lawsuit to resolve depends on several factors. The most important determining factors of an Ontario personal injury law suit are:

-The severity of your personal injuries..you will need time to determine the extent of the personal injury

-How quickly  information and documents are gathered

-How much cooperation your Ontario personal injury lawyer receives from the insurance defence lawyer

-The recommendations from your medical professionals

-How long it takes to gather all medical records

-If the case settles before trial

-How long it takes to obtain a trial date .

There are many steps along the way designed to reach a settlement without having to go to trial.  Most Ontario personal injury law suits settle before having to have a trial.  As an Ottawa personal injury lawyer, I have settled close to 100% of all my Ontario personal injury law suits without having to go to trail. There are stages in an Ontario personal injury lawsuit such as mediation, examination for discovery and settlement conferences that are steps in an Ontario personal injury lawsuit designed to avoid a trial.  I typically settle most of my Ontario personal injury lawsuits at these stages. 

The most important factor in an Ontario personal injury lawsuit in terms of time, is to make sure you take the time to do it right.  There is too much at stake not to. You may have your personal injuries for the rest of your life and you and your family need to be properly compensated .

—-The Ottawa Injury Lawyer Blog is written regularly by Ottawa Ontario personal injury lawyer David Hollingsworth. The Ottawa Injury Lawyer Blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit  www.ottawainjury.ca for more information. If you have a subject  you would like to know about or  if you have a question,  please call or email me: david@ottawainjury.ca (613) 978-9549

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Ottawa Personal Injury Lawyer David Hollingsworth, How long does it take for an Ontario personal injury lawsuit to settle ?Injury Lawyers Ottawa Ontario


Questions to ask your Ottawa Injury Lawyer, Ottawa Law Firms

Questions to ask your Ottawa Injury Lawyerlawyerquestions

Looking for an Ottawa injury lawyer. During the selection process, you may become overwhelmed with the sheer number of Ottawa injury lawyers.  A good place to start is the local Bar Association; they can usually recommend a few lawyers that might be appropriate to your case.  What falls to you, however, is investigating these lawyers to ensure you find the right one for you.  You will want to interview all prospective injury lawyers and be sure to ask them plenty of questions.  It usually helps to write a list of your questions beforehand and go down the list, checking off each question when you get a satisfactory answer.  If, during the interview, you feel that they are brushing you off or do not have time for you, consider how you would feel if you hired them to help you and they did the same thing.  The way they treat you during the interview is often reflective of how they will treat you during your case, so pay close attention.

Ask them questions about their track record.  How many wins do they have out of how many cases?  How often do they take cases to court?  How long have they been working on cases like yours?  What are typical settlements that they have won for cases like yours?  While you are interviewing potential Ottawa personal injury lawyers, the answers to these questions are probably the most critical.  The purpose is to ascertain how likely this lawyer is to win your case, and how far are they willing to take the case before conceding to the insurance companies.  They should have far more wins than losses and they should not be afraid to take insurance companies to court.

Does your Ottawa injury lawyer specialize in personal injury?

Find out if they specialize in any specific type of injury or accident.  There are Ottawa personal injury lawyers who specialize in car accidents, work-related accidents, slips/falls, and all sorts of other types of accidents or injuries.  By finding out there specialization you can decide whether their specialty is in line with your type of injury.  If they are a great lawyer but they specialize in car accidents, while your case is a work-related accident, they are not the best lawyer for your specific case.

Settle on a cost before starting your case.  Ask each of the Ottawa personal injury lawyers how they calculate their rates.  Choose a lawyer who will cover the costs of your case as it moves along, then take an agreed upon amount out of the settlement.  This way you are not being charged more and more as the case proceeds and you have an agreement as to what appropriate costs for reimbursement would be.  If you decide to hire this particular lawyer, make sure that you have a written and signed contract specifying the calculation of the rate and how it will be paid.

Once all of your questions have been answered, compare and contrast different Ottawa personal injury lawyers based on their responses.  Based on this comparison, you can confidently select the right lawyer for you.

 


Ride and stay alive ! Ontario Snowmobile Accidents Safety Tips, Ottawa Lawyer

Snowmobile Accident Lawyerssnowmobileaccident

I have yet to ride a  snowmobile myself,  but I can understand the attraction.  Sadly, every year in Ontario, the number of snowmobile accidents is staggering.  Winter is certainly upon us and I thought after this week’s big chill, it might be a time where more riders are out on their vehicles ( yes, a snowmobile is a motor vehicle) and thought I’d share some very obvious basic safety tips that simply serve as a reminder to everyone out there heading out on their sleds.

Snowmobiling in Ontario:

If you plan on riding across Ontario lakes or Ontario rivers, investigate the conditions before you go and  cross only by following marked stake lines. For your safety, follow these safety tips:

  • Wear a bright, buoyant snowmobile suit.
  • Carry ice picks at all times.
  • If your snowmobile breaks the ice:
  • Place hands/arms on unbroken ice while kicking hard to propel your body as far as you can onto the ice, like a seal.
  • Kick vigorously into a horizontal position and swim to the nearest ice edge.
  • Once clear, stay flat and roll away to stronger ice.
  • Quickly replace wet clothes, keep moving to generate body heat, and find immediate shelter and warmth if possible.

Avoiding Snowmobile Accidents at Night:

9/10 snowmobile fatalities, occur after dark. Slow down, don’t overdrive your headlights. Becoming disoriented or lost is much more likely to happen at night. Wear bright outer clothing with reflective trim on the arms, back and helmet. Never ride your snowmobile alone at night. Always dress in your full reflective snowmobiling outfit even if your intending to just go next-door. You never know….

Avoid Alcohol= Avoiding Snowmobile Accidents- Sadly, alcohol is involved in over 70% of snowmobiling accidents that tragically end in death.  Any amount of alcohol can impair your perception, slow your reaction time and limit your ability to control your sled at a critical moment. Operating your snowmobile while under the influence of alcohol is punishable under the Criminal Code of Canada. If convicted of driving a snowmobile while impaired, you will lose all driving privileges (car, truck, motorcycle, off-road vehicles and snowmobile).  In other words, if you drink and drive your snowmobile,  both your driver’s license and insurance are at risk.

Reduce the Chances of a snowmobile accident by driving defensively.

Engine noise and your helmet may impair your hearing, so be extra alert for danger. You can only control your snowmobile driving, not how others drive.  Your safety is in your own hands, so watch out for a variety of conditions, including:

  • Oncoming sleds
  • Obstacles hidden by the snow
  • Trees and branches on the trail
  • Slow grooming equipment
  • Bridges, open water and
  • Other trail users (skiers, walkers)
  • Wildlife
  • Unexpected corners, intersections and stops
  • Trail wash outs and flooding
  • unsafe ice
  • Snow banks and moguls
  • Road and railway crossings
  • Logging operations

Get out there and enjoy this beautiful, cold winter we are having….but please be safe.  Before you hop on your snowmobile, take a few seconds to prepare yourself in the event of a snowmobile accident.  Should you be involved in an Ontario snowmobile accident, know that there are accident benefits to which you are entitled to through your car insurance. Contact an Ontario personal injury lawyer to find out how best to maximize your compensation.

  • Source: Ontario Federation of Snowmobile Clubs

 


Osgoode Car Accident results in death and serious personal injuries: head injury and back injury, Ottawa lawyer

Osgoode Car Accident Lawyer David Hollingsworth.. Sadly, many of the most serious car accidents we come across occur in the more remote areas such as Osgoode.

Osgoode Car Accident osgoode

Sadly, one person is dead and several others suffered serious personal injury after a serious 3 car crash collision on Stagecoach Road in Osgoode, Ontario. The 31-year-old woman had no vital signs when emergency workers arrived and sadly was pronounced dead at the scene of the Ottawa car accident. Ottawa Paramedics treated four other adults and transported them to an Ottawa hospital to be treated 2 of the victims for serious personal inuries. The car accident occurred at about 8 a.m. this morning. Ottawa Police are continuing to gather evidence at the Ottawa accident scene. Stagecoach Road remains closed between Cabin and Snake Island Roads.

A sad and tragic Osgoode car accident scene

The Ottawa Citizen reported that Diane Morin, lived close to the Osgoode car accident scene and rushed to help. When she arrived at the scene of the accident she came upon a man holding his wife and trying desperately to have her come to.  He was not able to. Jennifer Sayer-Gaal was pronounced dead at the Osgoode accident scene , once rescue crews were not able to revive her. She dies at the young age of 31. Her  husband, Aaron Gaal – was taken to hospital with serious head and back injuries. He was listed in serious but stable condition.

In a third vehicle were 2 other people who were rushed to hospital with serious injuries including back injuries,  arm injuries, fractured ribs and a partially collapsed lung.

The details of this tragic Osgoode accident are still being investigated. My thoughts go out to all of the accident victims involved in this tragic accident.  My condolences to the family and friends of Jennifer Sayer-Gaal and I wish her husband Aarom a full and hopefully speedy recovery.


Ottawa Car Accident Lawyer: Accidents and texting, Ottawa Lawyers

Texting and Driving Accidentstextinganddriving

Car accidents can happen any time, to anyone  and for many reasons that include driver error, mechanical defects and roadway hazards. Unfortunately, many car accidents that I see as an Ottawa Ontario personal injury lawyer are sometimes Ontario accidents caused by the use of handheld devices while driving.

Accidents and Talking on the Phone

I understand that it is tempting to talk on cell phones while driving. Despite that fact that Ontario has banned the use of handheld devices while driving, many people are still using them. Even if you are not talking on a handheld device, the simple act of having a conversation while driving is distracting in and of itself – even if held using a hands-free device. Studies show us that as much as 80% of the population admits to carrying on telephone conversations while driving.  Those same studies show us that as much as 25% of all car accidents list cell phone usage as a contributing factor.  As many as 2600 people die each year as a result of car accidents caused by cell phone use. In additional to those fatal car accidents, another 330,000 suffer personal injuries.

Car Accidents and Texting

The risk of being involved in a serious car accident is even higher when you are texting on a cell phone, iphone or blackberry, not talking. Anything that takes our eyes off the road and causes a distraction can be the precipitating factor in any car accident. While talking on the phone can be distracting, texting clearly takes our eyes off the road. One study showed that for a driver that was sending or receiving a text message, in a six second period, four of those seconds were spent with their eyes off the road. Given the fact that the time frame to recognize and respond to changing road conditions is about two seconds, it is not hard to see why texting can be so dangerous. Distracted driving is by far the most common reason given for car accident causes. Guess what? The use of handheld devices is also the biggest sub-category within distracted driving.

It’s common sense folks, just don’t do it.  You can respond to that email when you are in a safe place and your eyes can focus solely on your phone. It’s not worth the risk !