Product Liability Lawyers Calgary
When we make purchases at local stores or online retailers, we expect that the products we buy will be safe to use. Some products might have safety instructions or warning labels alerting consumers about the potential hazards associated with the item’s improper use. Most people assume that, if those safety guidelines are adhered to, they will not be at risk of injury or death while using the product they purchased.
Indeed, in this country, there are robust federal regulations surrounding the manufacturing, marketing, packaging, importation, and distribution of non-commercial consumer items. These items include:
- Domestic items (e.g. appliances, furniture, etc.)
- Recreational items (e.g. children’s toys, games, etc.)
- Sports items (e.g. equipment, gear, safety pads, etc.)
- And more
Companies responsible for these actions must follow the safety guidelines mandated in the Canada Consumer Product Safety Act (CCPSA). The CCPSA’s safety procedures and regulations exist to ensure that potentially hazardous consumer products will not endanger the lives or physical safety of unsuspecting users.
The CCPSA does not regulate safety guidelines for consumable beverages and foodstuffs, prescription or over-the-counter medications, or disinfectants for food storage units. These products are subject to different safety guidelines, outlined in the federal Food and Drugs Act. Despite heavy federal regulation, sometimes products that are unsafe for human use are released for sale to the Canadian public. And when that happens, the consequences can be dire.
Defective products can start fires, create choking hazards, and pose other significant risks to the personal safety of their users. Because of defects in their design, manufacturing, or marketing, seemingly commonplace products could seriously injure, maim, or end the life of an unsuspecting consumer. Power tools, household appliances, children’s toys, and other household items can cause lifelong pain and suffering because of dangerous flaws and defects.
People who use consumer items as they were intended for use should not be forced to pay the price of a product manufacturer’s negligence. If you were injured by an item you purchased, we may be able to help you recover the compensation you deserve by pursuing a civil claim against the negligent parties responsible for your injuries. To learn more, contact us today.
Types of product defects that cause liability
Unfortunately, there are examples of many types of products that: are defective, can lead in injury, and can cause companies to be found liable. Common types are:
- Motor vehicles and motor vehicle parts;
- Sports equipment;
- Stoves and home appliances;
- Skin care products;
- Vaporizers;
- Laser pointers; and
- And more.
Our lawyers can speak with you if you have been injured by a defective product and let you konw if you may be eligible for compensation.
Who is responsible for defective products?
After being injured by a defective product, you might assume that your own misuse of the product was responsible for the accident. However, injuries resulting from the use of defective products are often the result of another party’s negligence. Oftentimes, this party is the company or organization that designed, assembled, packaged, advertised, or distributed the product for sale.
Potentially hazardous product defects are often the result of:
- Flaws in the design
- Manufacturing process errors
- Improperly conducted safety tests
- Misleading, confusing, or insufficient safety warnings
- Labeling, packing, or advertising that fails to communicate the risks associated with the product
- Failure to alert proper authorities about dangerous associated with the product
- And more
The most common parties responsible for defective products are the manufacturer and the vendor. The manufactures create the products. They are putting these items into the world and have an obligation to ensure the products are safe before beginning to sell them.
- The first step is testing for safety involving all potential uses. Design defects occur when the product’s design is inherently dangerous or inadequate.
- Next, they need to have a rigorous process for quality control to ensure each item for sale is consistent and safe. Manufacturing defects occur when there is a flaw in the manufacturing process that causes the product to be different from its intended design.
- Finally, creating instructions and manuals for all consumers is also a key step in product safety. Marketing defects occur when the product is marketed in a way that fails to provide adequate warnings or instructions for safe use.
In accordance with the CCPSA, as soon as a manufacturer learns about a potentially dangerous defect in their product, they are required to alert Health Canada. By doing so, they could trigger a nationwide recall and pull the defective, dangerous product from shelves and potentially save future customers from being injured or losing their lives. If a manufacturer knows their product is defective or is aware of its potential hazards but fails to alert the public, their negligence could have far-reaching repercussions. However, the manufacturer is not the only party that may be responsible.
Several large box stores do not create any products. Finding the manufacturer in other countries poses a real problem for consumers so the Government of Alberta brought in legislation to protect consumers. The Sales of Goods Act states that a customer can recover directly from the company that sells the products in some situations. Under this legislation, the vendor of the product can be liable for the unsafe product even when it was manufactured elsewhere. Once you prove that you had bought the item from a vender, that business may be responsible for any damage caused. However, this legislation only applies to the individual who bought the product. Therefore, it is important to confirm who you purchased the item from and when it was bought. If you have purchased an item from a store in Canada this act protects buyers with a couple additional terms that are added to the contract:
- When a purchaser confirms why they want the product, even by implication, the product must be reasonably safe for its intended purpose. If the product is not safe for that purpose, then there is no contract, and the vendor has to pay you back the purchase price. This concept makes the vendor responsible for the product as if they manufactured it.
- The product is of reasonable quality and operates as intended. For example, if you buy vaporizer and without turning it on, it ignites in your pocket causing a burn.
- The product will match the description. If you purchase items online from an Albertan store, it should be consistent with the photograph and specifications of the product from their website.
Types of compensation available for product liability claims
During a free initial consultation, our team may be able to help you identify the various parties who may be responsible for your injuries and give you an idea of damages you may be entitled to pursue. These damages might include:
- Medical expenses
- Pain and suffering
- Rehabilitation costs
- Lost wages due to missed work
- Loss of future earning capacity
- Punitive damages
- And more
How can our Calgary product liability lawyers help?
Product liability claims can be complex. In order to recover compensation for injuries caused by defective products, a claimants must be able to prove a causal link between the manufacturer’s negligence and the injuries sustained by the consumer. It can be difficult to prove that a product manufacturer violated federal safety standards, withheld crucial information from the public, or otherwise failed to uphold the duty of care they owed their customers.
However, if it can be proven that a manufacturer’s failure to fulfill their duty of care resulted in a hazardous product defect that resulted in your injuries, they may be liable for damages you have incurred as a result, as well as damages you will incur in the future.
In addition to the manufacturer, distributor, and retailer of the product, other parties may also be liable, such as designers, engineers, or installers, depending on the specific circumstances of the case. To learn more about how our lawyers may be able to help you get the compensation you deserve, schedule a free initial consultation with Preszler Injury Lawyers.
Free Consultation For Individuals Who Need Legal Assistance With Product Liability Claims
No one imagines that the use of a commonplace, seemingly safe consumer item will result in serious or life-threatening injuries. In the aftermath of an injury-causing accident caused by defective products, it can be difficult to know where to turn for crucial legal advice and assistance.
We are standing by to provide you with personalized, case-specific legal feedback during a free initial consultation. To take advantage of your cost-free, no-obligation first meeting with Preszler Injury Lawyers, contact us today.
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