Visitor Question

Product Liability Lawsuit for Faulty Chair….

Submitted By: Debbie (Canada)

I was at a department store and sat on a patio chair at bar height when it crashed to the ground. It broke in two places and my neck and arm were injured. I’m unable to return to my job as I cannot look over my left shoulder (I was a professional driver).

The store has said it is not their fault, but also says they do not know where the chair came from or who made it. Can I win a lawsuit against this department store? What can I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Debbie,

Debbie:

If the chair belonged to the store there is a possibility of liability. By “belonged” we mean the chair was actually purchased by the store, placed there for customer convenience, or on sale to the public. The store may say it is not their fault but the courts may disagree.

While we can never guarantee any of our readers will prevail in a lawsuit we can tell you if the store meets the requirements set out in the previous paragraph, you will have a reasonable expectation of winning your lawsuit.

The next stepping stone to prevailing in a lawsuit is proving damages. Damages are defined as medical bills, out of pocket expenses and possibly lost wages. The facts you present do not mention whether you suffered any damages as defined herein.

If you did suffer damages you can file suit. Although not entirely familiar with Canadian law we can tell you to check with your local court system to see if they have a Small Claims Court system in place. If so you can file your lawsuit there.

The purpose of Small Claims courts is to provide a platform for people to present their cases without the need for legal representation. In Small Claims Court the Judge can award you money for your Medical Bills, Out of Pocket expenses and Lost Wages. Additionally you can ask the Judge to award you money for Mental Anguish.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 1, 2011

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