When you purchase a product in British Columbia, you have the right to expect it will be safe for its intended use. Unfortunately, defective products sometimes enter the marketplace, causing serious injuries and financial losses to consumers. To ensure companies are held accountable, product liability law in British Columbia establishes the rights and legal options of consumers.
What is Product Liability in British Columbia?
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused by their products. A key element for all product liability cases is that the product must pose an unreasonable risk of harm to individuals when used as intended.
The Three Types of Product Liability Claims:
Negligent Manufacturing
Negligent manufacturing occurs when a product is not manufactured according to the manufacturer's design or applicable manufacturing standards. As such, this manufacturing error creates a dangerous product as a direct result of this non-compliance. These claims typically hinge on existing standards of care and quality control processes. The plaintiff must prove that the manufacturer failed to uphold these standards when creating the product that caused harm.
Negligent Design
Manufacturers have a responsibility to design and create products that are reasonably safe to use. Generally, if a plaintiff can prove that the manufacturer could have developed a product that was safe for use based on other designs and products, they have solid grounds for a product liability claim.
Failure to Warn
This is the most common kind of product liability claim. Generally speaking, these claims arise when manufacturers or companies do not adequately warn consumers about the potential risks of using their products. This could include a lack of safety warnings, insufficient labelling, or poor risk instructions.
Proving a Product Liability Claim
Under Canadian law, not every product that causes harm is necessarily subject to a product liability claim. To succeed in a product liability case, the plaintiff and their legal representation must prove:
– The product was defective and posed a significant risk when used as intended.
– The product's manufacturer, distributor, or seller owed a duty of care to the plaintiff.
– This standard of care was not met during the product's lifecycle.
– This breach of the standard of care directly caused or contributed to the product's defective condition.
– This defect directly caused or contributed to harm, damage, or loss to the plaintiff.
– The harm that occurred was reasonably foreseeable given the product's defects.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
