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What if Defective Parts of my Car Caused an Accident?

It can be confusing to tell who is at fault in some vehicle accidents. What if you were driving quite safely, and some defect in your car caused unsafe conditions on the road that lead to an accident and possibly injured you or someone else? Who is at fault in this case?

Defective cars can be very dangerous. Whether or not defective operation of a vehicle will excuse a driver from fault for causing an accident depends on all of the circumstances of the accident and factors such as the following may be relevant:

  • whether the defect was one that ought to have been detected prior to driving the vehicle;
  • whether the “defect” was simply a shortcoming of the vehicle (such as lack of anti-lock brakes) which the driver out to have known about and accounted for;
  • whether, despite the defect, the defendant could have avoided the accident; and
  • whether the accident would have occurred even absent the defect.

Whatever the case, when a car or one of its components is defective and causes an accident, what can you do and who is to blame?

The first, and most obvious target of such cases is the automaker, in which case this would actually be a product liability lawsuit. Depending on the circumstances of the accident, if someone else was injured, you may or may not still be held accountable for some of the other person’s injuries. But in some cases, all damages caused by the accident might be able to be blamed on other parties.

If we can prove that your vehicle had a manufacturing or design defect and the manufacturer improperly installed a component or inadequately designed an entire system or vehicle, such that it resulted in the accident, you may have a claim against that manufacturer, and possibly even the dealer who sold it. We would have to also prove that the defect was dangerous enough to cause the accident in question, and that no major alterations to your vehicle had been made since being purchased that could have affected its safety on the road.

Common problems with cars that are likely to cause an accident include problems with the steering, acceleration, braking, windshield wipers, computer systems or lights. If your car is showing signs of any of these problems, you should get it checked as soon as possible.

Aside from the manufacturer of the car, you may also have claims against other parties. For example, if the vehicle was used when you bought it, and sold with a warranty. Another source of recovery is available to those who install after-market parts that fail, resulting in accidents. It is not uncommon for one to install different tires, headlights, taillights, suspension, and other systems to improve the look or performance of a vehicle. But, not all of these parts are made to the same standards of quality or designed to be as compatible with your vehicle as the original parts.

As a result, if you have been injured in an accident caused by a defective vehicle part, do not assume that there is no way for you to get recovery. In many cases, this recovery can be substantial and may compensate victims for medical bills, lost income, pain and suffering, and more. To maximize your chances of success, and to consider all options for recovery of damages resulting from a defective part, contact Mazin & Associates, PC, Personal Injury Lawyers , experienced in vehicle accidents and product liability claims. Call us for a free initial evaluation and advice following your accident at (416) 625-2122.


Avoid Toy-Related Injuries this Holiday Season

There are millions of different toys out there, with hundreds of new ones on the shelves each year. With the holidays just around the corner, now it a good time for parents to be reminded of toy safety.

While toys are supposed to be fun and are an important part of any child’s development, scores of kids are treated in hospital emergency departments for toy-related injuries each year. Choking is a particular risk for kids ages 3 or younger, because they tend to put objects in their mouths.

Manufacturers follow certain guidelines and are closely monitored and regulated. They are required to label toys for specific age groups, but perhaps the most important thing a parent can do is to supervise play.

Here are some general guidelines to keep in mind when shopping for toys:

  •     Toys made of fabric should be labeled as flame resistant or flame retardant.
  •     Stuffed toys should be washable.
  •     Painted toys should be covered with lead-free paint.
  •     Art materials should say nontoxic.

Steer clear of older toys, even hand-me-downs from friends and family. Those toys might have sentimental value and are certainly cost-effective, but they may not meet current safety standards and may be so worn from play that they can break and become hazardous.

And make sure a toy isn’t too loud for your child. The noise of some rattles, squeak toys, and musical or electronic toys can be as loud as a car horn — even louder if a child holds it directly to the ears — and can contribute to hearing damage. Read more here.

If your child has suffered a critical personal injury from a defective toy, contact a Toronto personal injury lawyer with Mazin & Associates, PC for a free consultation.


How Safe are your Cleaning Supplies?

You may recall a story in the news about Tide Pods, the colorful, single-load packets of laundry detergent that were available between 2012 through the end of 2013. During that time, more than 17,000 children under age 6 ate or inhaled the contents or squirted concentrated liquid from a packet into their eyes, according to the New York Times.

It’s reminder that the products we use daily and deem as safe could actually be hazardous and cause serious injury. With spring-cleaning in full force, it’s important to stop and think about the household products you’re using. Could they actually be a danger to you or your family?

Consumer Reports recommends avoiding antibacterial such as dimethyl benzyl ammonium chloride, which may help promote antibiotic-resistant bacteria. That harsh chemical can be found in several cleaners including Scrubbing Bubbles Heavy Duty All Purpose Cleaner and some types of Clorox Disinfecting Wipes.

Better choices include Clorox Green Works All-Purpose Cleaner, which did well in Consumer Reports’ tough mess test. Also, consider Clorox Healthcare Bleach Germicidal Wipes, a good option for occasional disinfecting, like when someone has a cold or flu.

As for your bathroom, be aware that toilet-bowl cleaners can harbor some of the most dangerous chemicals in your house. Products such as Lysol Power Toilet Bowl Cleaner Complete Clean contain hydrochloric acid, which can burn your eyes and skin. For a safer option, select a cleaner without hydrochloric acid, such as Seventh Generation Natural Toilet Bowl Cleaner, which did well in Consumer Reports’ tests.

Spring-cleaning also means washing windows and making glass sparkle, but be careful with ammonia. It can potentially damage your eyes or lungs. Instead, try a glass cleaner that’s ammonia-free—such as Staples’ Sustainable Earth Glass Cleaner. Another option is to dilute ammonia: Use a half-cup in four cups of water.

Our lawyers have recovered millions for people injured by product defects and manufacturer mistakes. If you or a family member has sustained a serious personal injury or permanent disability, contact our disability insurance claim lawyer today.

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  • "I‌ wanted‌ to‌ thank‌ Gary‌ Mazin‌ for‌ everything‌ he‌ did‌ for‌ me. ‌ Retaining‌ him‌ was‌ the‌ best‌ decision‌ I‌ had‌ ever‌ made. Gary is the best personal injury lawyer. His‌ expertise,‌ professionalism‌ and‌ kindness‌ were‌ always‌ present. ‌ He‌ was‌ able‌ to‌ get‌ me‌ the‌ fair‌ settlement‌ that‌ I‌ deserved‌ because‌ of‌ his‌ knowledge‌ and‌ support. He‌ is‌ a‌ truly‌ dedicated‌ personal‌ injury‌ lawyer‌ to‌ whom‌ I‌ am‌ forever‌ grateful."
  • R.‌ Chertok,‌ Richmond‌ Hill
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Mazin & Associates PC dedicates itself to achieving maximum settlements in serious personal injury and accident cases. Our areas of practice include car accidents, motorcycle injuries, brain injuries, spinal cord injuries, slip and falls, wrongful death, product liability, long-term disability and medical malpractice.

  • Toronto
  • Tel: (416) 625-2122
  • Toll Free: 1-800-432-HURT (4878)
  • Fax: (416) 250-1238
  • 5 Park Home Ave #501
  • Toronto, ON M2N 6L4