Your Legal Options for Product Liability Claims in Alberta – 1-800-JUSTICE®
Summary
In this video, Preszler Injury Lawyers discusses product liability claims, which arise when individuals are injured due to defective products. Under Alberta's Sale of Goods Act, products must be reasonably fit for use, and claims can be made against both the seller and manufacturer of the defective item. The video highlights the challenges of proving a defect, emphasizing the importance of preserving the product for potential testing. It also outlines the types of compensation available, including damages for pain and suffering, income loss, and medical expenses. For further assistance regarding product-related injuries, viewers are encouraged to contact Preszler Injury Lawyers at 1-800-JUSTICE.
Transcription
One of the areas of law that we practice at Preszler Injury Lawyers is product liability. What is a product liability claim? Well, that's a case when somebody is injured because of a defective product. For instance, if a product doesn't work, explodes, or causes some kind of injury, it may fall under product liability.
In Alberta, product liability claims are governed by the Sale of Goods Act. What that means is that, by law, products that are being sold must be reasonably fit for use. For example, if you have a product that explodes, obviously, it's not reasonably fit for use. Similarly, if you have a product that doesn't work, it also is not reasonably fit for use.
Product liability claims are generally made against two parties: typically, the person who sold the defective product and the person who manufactured it. Because of the Sale of Goods Act, these cases usually involve strict liability. This means that if you can prove that the product is not reasonably fit for use, you generally have a claim.
The difficult part is that it can often be very challenging to prove there was something wrong with the product. You need to ensure that you keep the product and that it is preserved so it can potentially be tested by engineers. If you can prove that there is indeed a defect in the product that caused your injuries, we then need to determine what compensation is reasonably available for you.
Generally speaking, you will be entitled to pain and suffering damages. This takes into account the ways your life has changed, the pain that has been added to your life, and the things that have been taken away from your life. You are also entitled to income loss. If you cannot work, cannot work in the same capacity, or lose income for some reason due to your injuries, you can generally seek that compensation as well. Additionally, medical expenses should be covered by your claim if you need to attend treatment now or in the future.
If you have questions about a defective product or if a product has injured you, call Preszler Injury Lawyers today at 1-800-JUSTICE.