Faulty Products: Covering the Basics

A person’s health and safety should never be taken lightly that is why there is such a thing as product liability. In Canada, there are certain laws that allow a person to hold a company responsible for their negligence in terms of faulty products.

Negligence and Breach of Warranty

Negligence pertains to the absence of, or failure to exercise proper care. For instance, a negligent person is someone who omitted to do what should have been done or did something that should not have been done.

Breach of warranty, on the other hand, refers to the failure of a seller to fulfill the terms of a claim, promise, or representation made concerning the quality or type of the product purchased by the consumer. The law assumes that a seller provides certain warranties concerning goods that are sold. The law also assumes that a seller must stand behind these assertions.

What kind of damages can defective products result in?

*Pain, suffering and loss of enjoyment of one’s life

*Loss of income or earning capacity

*Health care expenses

*Home maintenance and housekeeping expenses

*Loss sustained by family members entitled to sue under the Family Law Act

Standard of Care in Product Liability Cases

In Canada, it has been stated that manufacturers, retailers and distributors of products should take reasonable care to warn consumers of the dangers (they know or ought to know) associated with the products they manufacture, sell or distribute.

What must be proven in court?

A plaintiff must be able to prove five basic elements to be able to recover under a theory of negligence:

*The manufacturer owed a duty to the plaintiff

*The manufacturer breached a duty to the plaintiff

*The breach of duty was the actual cause of the plaintiff’s injury

*The breach of duty was the proximate cause of the injury

*The plaintiff suffered actual damages resulting from the negligent act

In a product liability case, the law states that a manufacturer should exercise a standard of care reasonable for those who are experts in manufacturing the same products. However, even if a plaintiff can prove that a manufacturer failed to exercise the proper standard of care, the plaintiff still cannot recover without proving two aspects of causation.

The plaintiff should be able to show that if not for the manufacturer’s negligence, there will be no injury attained by the plaintiff. The plaintiff must also show that the defendant could have foreseen the uses and risks of the product at the time of manufacturing.

If you need experts to represent you or someone you know who is undergoing this type of case, you can reach us at 1.855.905.9222 for a free consultation.