Injuries From A Defective Product
The Bank of Canada estimates that about 30 million financial transactions take place in Canada every day. This means there’s over $210 billion being exchanged in the economy each day. Many of those transactions are to buy goods and services.
Most of us do not think twice about the safety of a product that we buy off the shelves. That is because we inherently believe that these products have been tested for safety. However, there can be defects in the products we buy. It happens often enough that the government of Canada has a public website dedicated to recalls, advisories and safety alerts (https://recalls-rappels.canada.ca/en).
While the hope is that defective products will not cause harm—it can happen. The good news is that there are laws in place to protect Canadians in those situations.
The first step is understanding the process involved before a product hits the shelves:
- Designing
- Manufacturing
- Quality control
- Labelling and distribution
The law requires certain standards at each stage of the development of a product. This would apply to a range of products like car parts, recreational vehicles, tools or medical products. The precise standard required at each stage will depend on the type of product and the circumstances of each case. Where someone is injured because of a defective product, the designer, manufacturer or the seller/distributor may be liable for all foreseeable injuries that the plaintiff suffered. To be successful in a defective product case, the plaintiff must prove on a balance of probabilities that their damages were caused by a breach in the standard of care required by the designer, manufacturer or seller/distributor.
In the case of Stilwell v World Kitchen Inc. and Corning Incorporated, the plaintiff Lanny Stilwell was washing a glass Visions brand Dutch oven in his sink when the pot shattered in his hands. Lanny’s right radial artery was severed along with several tendons and nerves. He underwent significant surgery and lifelong impairments. The case went to trial. The jury concluded that the manufacturer was negligent not in its design or manufacturing but because they “failed to adequately warn” the plaintiff of the potential dangers.
In the very recent case of Oberski v General Motors of Canada Company, the plaintiffs brought a class action against GM. They alleged that GM made defective ignition switches that went from “on” to the “off” position while vehicles were in motion. This resulted in a loss of power steering, power braking and the potential deployment of airbags. Part of the arguments the plaintiffs made was that GM knew about these defects as early as 2002 but chose not to recall the defective products until 2014. This case eventually resulted in a settlement outside of court.
In other cases, a plaintiff’s damages may be primarily financial. The Canadian ‘Cablegate’ class action is a good example. In that case, Toyota agreed to a class action settlement of $40 million for owners of Toyota and Lexus hybrid vehicles across Canada. The lawsuit was initially started in Quebec when owners of Toyota and Lexus hybrid vehicles noticed that the hybrid driving system was compromised due to winter water and salt spray. They alleged that a defective design resulted in premature corrosion and in some cases failure of the hybrid system of the vehicle. This repair could cost anywhere from $5,000 to $8,000.
If you or a loved one has been harmed because of a defective product, it’s important to speak with an experienced personal injury lawyer. They will help identify at which stage the defect may have been caused and advise you of your legal rights.
Written By
For Charles, practising personal injury law allows him to serve and empower individuals to overcome some of the most challenging times of their lives. His devotion to service is what motivates him to achieve the best possible outcome for his clients.