When you buy or use a product, whether it is an appliance, power tool, cosmetic, medical product, household item, food product, or piece of equipment, you reasonably expect it to be safe when used as intended.
Unfortunately, defective products can cause burns, fractures, head injuries, poisoning, illness, permanent disability, and other serious harm. When an injury results from an unsafe product, determining why the product failed and who may be legally responsible can require a detailed investigation.
Our Vancouver product liability lawyers help injured people and their families understand their options when a defective, dangerous, or improperly labelled product causes harm.
Key Takeaways About Product Liability Claims In British Columbia
- A product liability claim may arise from problems with a product’s design, manufacturing, warnings, instructions, quality, or fitness for its intended use.
- Depending on the circumstances, responsibility may involve a manufacturer, distributor, importer, retailer, or another party in the supply chain.
- Preserving the product, packaging, receipt, photographs, instructions, and other evidence can be important when investigating how an injury occurred.
- British Columbia has legal time limits for bringing many civil claims, so obtaining advice early can help protect your options.
- A product recall may be useful evidence, but the existence or absence of a recall does not by itself determine whether a person has a legal claim.
How Product Liability Law Works In British Columbia
Product liability is not governed by a single cause of action in British Columbia. Depending on how the product was acquired and how the injury occurred, a claim may involve negligence, contractual rights, statutory warranties, or a combination of legal principles.
British Columbia’s Sale of Goods Act includes certain implied conditions relating to matters such as quality, fitness for a particular purpose, and reasonable durability in qualifying transactions. Product liability claims involving personal injuries may also be based on negligence principles, including allegations concerning the design, manufacture, inspection, testing, warnings, or distribution of a product.
Because the appropriate legal approach depends on the facts, it is important to investigate both the nature of the defect and the relationships among the manufacturer, seller, purchaser, and injured person.
What Makes A Product Defective?
There are several ways a product may create an unreasonable risk of injury.
A design defect may arise when a problem is inherent in the way the product was designed.
A manufacturing defect may occur when a particular product does not conform to its intended design because of an error in production, assembly, materials, or quality control.
A warning or instruction issue may arise where users are not adequately informed about significant risks associated with the product or how it should be used safely.
Some claims can also involve misleading product descriptions, inadequate testing, contamination, component failures, or products that do not perform with the quality, durability, or fitness reasonably expected in the circumstances.
Who May Be Responsible For Injuries Caused By A Defective Product?
Determining responsibility is often one of the most important parts of a product liability investigation.
Depending on the circumstances, potentially involved parties may include the manufacturer of the finished product, a component manufacturer, an importer, distributor, wholesaler, retailer, or another company involved in putting the product into the Canadian market.
Our Vancouver personal injury lawyers can review the available evidence, determine which parties may have played a role, and assess the legal options that may be available.
Does A Product Have To Be Recalled Before You Can Make A Claim?
Not necessarily. Health Canada maintains a national system for product recalls, advisories and safety alerts and also allows consumers to report health and safety concerns involving consumer products and cosmetics.
A recall or safety warning can sometimes provide useful information about a known hazard, but a product does not necessarily have to be formally recalled before an injured person can investigate a claim.
Similarly, the fact that a product has been recalled does not automatically establish legal liability in an individual case. The circumstances of the injury and the available evidence still need to be assessed.
What Types Of Products Can Lead To Product Liability Claims?
Product-related injuries can arise from virtually any consumer or commercial product.
Examples may include:
- Household appliances and electronics
- Power tools and lawn equipment
- Children’s products and toys
- Furniture and household goods
- Cosmetics and personal care products
- Food and beverage products
- Sporting and recreational equipment
- Automotive parts and components
- Industrial and workplace equipment
- Batteries, chargers, and electrical products
Health Canada’s consumer product safety resources provide information about recalls, incident reporting, consumer product requirements, and safety concerns affecting products sold in Canada.
The fact that a product caused an injury does not automatically mean it was defective. A product liability lawyer can help investigate whether the injury resulted from an unsafe design, manufacturing problem, inadequate warning, another party’s conduct, or a combination of factors.
What Compensation May Be Available In A Vancouver Product Liability Claim?
Where another party is legally responsible for an injury, compensation will depend on the nature of the claim and the losses that can be established.
Depending on the circumstances, damages may address pain and suffering, income loss, diminished future earning capacity, treatment and rehabilitation expenses, care requirements, out-of-pocket costs, and other losses caused by the injury.
Serious injuries can affect much more than immediate medical expenses. A long-term claim may need to consider the person’s ability to work, participate in daily activities, care for family members, and obtain treatment or assistance in the future.
No two product liability cases are identical. The amount and categories of damages available depend on the evidence and the individual circumstances.
What Should You Do After Being Injured By A Defective Product?
If it is safe to do so, consider keeping the product in its post-incident condition rather than throwing it away, returning it, repairing it, or allowing it to be altered.
Evidence that may become important includes the product itself, packaging, model and serial numbers, receipts or purchase records, manuals and warnings, photographs or videos, correspondence with the seller or manufacturer, medical information, and details of any witnesses.
You can also search Health Canada’s recalls and safety alerts database to determine whether similar safety concerns have been reported.
Preserving evidence can be particularly important because experts may later need to inspect the product to determine why it failed.
How Long Do You Have To Start A Product Liability Claim In BC?
Legal deadlines should be considered as early as possible.
Under British Columbia’s Limitation Act, the basic limitation period for many civil claims is two years from the date the claim is discovered, subject to the Act’s discovery rules and a number of exceptions.
The calculation of a limitation period can be fact-specific. Different rules may apply depending on the parties, the type of claim, when the relevant facts became known, and other circumstances.
For that reason, anyone considering a product liability claim should avoid assuming they know the applicable deadline based only on the date of the accident.
How Our Vancouver Product Liability Lawyers Can Help
Product liability cases can involve technical evidence, multiple corporations, insurers, experts, and complex questions about how a product was designed, manufactured, sold, and used.
Our lawyers can help investigate the circumstances of the incident, identify potential defendants, preserve relevant evidence, obtain appropriate expert evidence where required, assess the losses caused by the injury, communicate with insurers and other parties, and pursue a negotiated or litigated resolution where appropriate.
Watson Goepel’s personal injury team represents people dealing with serious injuries and other accident-related claims throughout Vancouver and British Columbia.
Frequently Asked Questions About Product Liability Claims In BC
Can I Make A Claim If I Did Not Buy The Defective Product Myself?
Potentially. Product liability claims are not necessarily limited to the person who purchased the product. Whether someone who used, received, or encountered a product has a viable claim depends on the circumstances and the legal basis of the claim.
Can A Retailer Be Responsible For A Defective Product?
Potentially. Depending on the facts and the type of claim, a manufacturer is not necessarily the only party whose conduct or obligations may need to be considered. Retailers, distributors, importers, and other parties in the supply chain may be relevant to the investigation.
What If I No Longer Have The Product That Injured Me?
A claim may still be investigated, but losing the product can make it more difficult to determine precisely why it failed. Photographs, receipts, model numbers, medical records, witness evidence, recall information, and similar products may still provide useful evidence.
Does A Product Recall Mean I Automatically Have A Lawsuit?
No. A recall may provide important evidence of a safety concern, but liability and compensation still depend on the facts of the individual case, including whether the product caused the injury and whether the legal requirements of the claim can be established.
Can I Sue Over A Product That Was Purchased Online?
Potentially. Online purchases can create additional questions about the identity and location of sellers, manufacturers, importers, and marketplace operators. Those issues should be reviewed based on the particular transaction and product.
How Much Is A Product Liability Claim Worth?
There is no standard amount. The value of a claim depends on factors such as the nature and duration of the injuries, income loss, treatment requirements, long-term disability, future care needs, and the evidence establishing liability and damages.
Consult Our Vancouver Product Liability Lawyers Today
If you or a loved one has suffered an injury that may have been caused by a defective or unsafe product, our team can help you understand the legal issues involved and assess your options.
Contact Watson Goepel LLP to speak with an experienced Vancouver product liability lawyer. Call (604) 688-1301 to arrange a consultation.
