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In Canada, laws regarding dangerous products, often referred to as "product liability laws," are designed to protect consumers from harm caused by defective or dangerous products. These laws enforce standards that manufacturers must follow to ensure their products are safe for use. If a product does not meet these standards and causes harm to a consumer, the manufacturer can potentially be held liable for injuries or damages.
You might need a lawyer if you or a loved one has been seriously injured or adversely affected as a result of using a dangerous product. Some common instances include medical complications due to faulty medical devices, injuries from defective household products, or sickness from consuming contaminated food. A lawyer can assist in seeking compensation from the liable parties, guide you through the complexities of product liability laws, and offer appropriate legal strategies.
In Richmond, the dangerous product laws revolve around the Sale of Goods Act (British Columbia), the Canada Consumer Product Safety Act (CCPSA), and various common-law principles. These laws mandate that all goods sold must be of acceptable quality. The seller can be held accountable if their product is deemed unfit for its intended purpose or does not conform to the description. CCPSA, on the other hand, focuses on defending consumers against risks to their health or safety from consumer products, whether manufactured in Canada or imported.
In the eyes of the law, a dangerous product is any product - from toys and household items to food, vehicles, and medical devices - that causes harm due to a defect, false representation, or failure to provide adequate usage instructions.
Potentially anybody involved in the product’s chain of distribution can be held liable for a dangerous product. This typically includes the product’s manufacturer, distributor, and retailer.
Typically, you must prove that the product was defective, the defect caused your injury, and that you suffered damages as a result. Having legal counsel can assist in gathering and presenting pertinent evidence.
Yes. A product recall does not absolve a company of liability. At times, a recall may even act as evidence of a product's defectiveness.
You may be entitled to economic damages (for past and future medical expenses, lost income, etc.), non-economic damages (for pain and suffering, emotional distress), and occasionally, punitive damages to punish the liable party.
Health Canada’s Consumer Product Safety Program provides safety advisories, warnings, and recalls. You can also visit the Canadian Consumer Handbook for more information on your consumer rights. Further, the Canadian Bar Association offers resources about Personal Injury law which includes product liability.
If you believe you have a product liability claim, you should seek legal advice immediately. Keep the product, any packaging, receipts, or other proof of purchase safe as they can serve as vital evidence. Document your injuries, and any other damages occurred. Also, remember there are time limits to file a product liability lawsuit, so it’s important to act promptly to protect your rights.
