Product Liability

If you suffer an injury due to a defective product, you can sue several parties involved in the product’s chain of distribution. Potential defendants include:

1. Manufacturer: The company that designed and produced the defective product or its components.
2. Distributor: Entities that play a role in distributing the product, including wholesalers and suppliers.
3. Retailer: The store or seller that sold the defective product to the consumer.

Each party can be held liable depending on the defect’s nature—whether it’s a design flaw, manufacturing error, or inadequate labeling. Proving liability involves demonstrating the defect, causation, use, and damages. Consulting an experienced product liability lawyer is crucial to identifying the responsible parties, gathering necessary evidence, and pursuing fair compensation for your injuries. They can navigate the legal complexities and ensure that all liable parties are held accountable.

Canadian laws on product liability guide businesses and consumers on their rights and obligations, in addition to Canadian common law principles and doctrines. Federal product liability laws determine the standards and regulations that apply to specific products, such as the Canada Consumer Product Safety Act for consumer products, the Food and Drugs Act for food and medical devices, and the Motor Vehicle Safety Act for motor vehicles. Violations of these laws can lead to criminal offenses, civil liabilities, and potentially class action suits.

In Alberta, establishing liability for a defective product involves holding manufacturers, distributors, and retailers accountable for injuries caused by such products under product liability law. To prove liability, the injured party must demonstrate the following elements:

• Defect: The product must have a defect in design, manufacturing, or labeling. This includes inherent design flaws, production errors, or inadequate safety warnings and instructions.
• Causation: The defect must have directly caused the injury. The injured party must show a clear link between the defect and the harm suffered.
• Use: The product must have been used as intended or in a reasonably foreseeable manner at the time of the injury.
• Damages: The injured party must prove actual damages, such as medical expenses, lost wages, and pain and suffering.

An experienced attorney specializing in personal injury law can help gather evidence, such as expert testimony and product testing, to build a strong case. They can navigate the legal process, ensuring the responsible parties are held accountable and that fair compensation is obtained.

Product defects are classified into three main types: design, manufacturing, and labeling defects.

• Design defects: These are flaws inherent in the product’s design, making it unsafe even if manufactured correctly. For example, a car model with a tendency to roll over during sharp turns due to a high center of gravity has a design defect and there’s a higher likelyhood to lead to a vehicle accident.
• Manufacturing defects: These occur during the production process, resulting in products that deviate from the intended design and pose safety risks. An example is a batch of bicycles with improperly welded frames that break during use.
• Labeling defects: Also known as marketing defects, these involve inadequate instructions, warnings, or labels, failing to inform consumers of potential risks. For instance, a medication bottle lacking warnings about dangerous side effects or correct dosage information has a labeling defect.

Understanding these defects is crucial for establishing liability and seeking compensation for injuries caused by defective products.

At Grover Law Firm, our attorneys bring over 20 years of expertise in handling successful product liability cases. Our Calgary-based attorneys possess in-depth knowledge of how manufacturers and insurance companies operate, enabling us to effectively navigate any product liability lawsuit and secure the maximum compensation for you. Our dedicated and experienced product liability attorneys are committed to building the strongest case on your behalf. Contact us today!