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Chilliwack Product Liability Lawyer

Canada’s product liability is overseen by Health Canada and the government by common law principles. For instance, it has been commonly established that a producer of food, medicine, medical devices, and other consumer products is expected to thoroughly design, test, manufacture, and market goods that are safe for use as intended. If there are any known risks, they must remedy the hazards or at the very least present the information in the product labelling materials. When a company fails to do so, they may be sued by the consumer. If you have any questions about filing a lawsuit, contact our Preszler team of Chilliwack product liability lawyers for a free consultation.

Product Liability Claims

Typical tort claims related to unsafe consumer products include:

  • Negligent design
  • Negligent manufacture
  • Breach of duty to warn
  • Breach of warranty

The general statute of limitation period 

In order to bring your claim, you must file within a two to six-year limitation period. This is tolled until age 18 for minors or in cases where a physical or mental incapacity renders a person unable to represent their interests in court. Limitation periods commence when the claim became “reasonably discoverable.”

For instance, if you are using an Instant Pot and it explodes while you’re using it, causing injury, the limitation period would reasonably start on the date of injury, as it is obvious that the product directly caused you harm. On the other hand, your limitation period may begin much later if you only recently saw a television commercial alerting you that Johnson & Johnson has been paying out settlements to long-term talcum powder users who subsequently came down with ovarian cancer.

Damages Awarded in Product Liability Cases 

Valid claims for product liability are generally awarded both pecuniary and non-pecuniary damages. Pecuniary losses include past, present, and future medical care, as well as any loss of earnings sustained. Non-pecuniary losses include pain and suffering and loss of enjoyment of life. Property damage is often included in these cases. In rare cases, punitive damages are awarded if the manufacturer’s conduct is deemed reprehensible.

Maximum Limit on Damages 

The maximum amount of “pain and suffering” damages is generally capped at roughly $375,000. This amount was set 40 years ago but gets adjusted for inflation and cost of living expenses. Many consumer advocates argue there should be no cap on pain and suffering damages, but the courts have ruled that placing a cap keeps judgements and insurance premiums “fair and reasonable.” Working with Chilliwack product liability lawyers is the best way to seek the maximum compensation allowed by law.

Get Help with our Preszler team of Chilliwack Product Liability Lawyers 

We are a product liability law firm offering free consultations and contingency-based representation (with no upfront fees) to any British Columbian who feels he or she may have been harmed or lost a loved one due to a product defect. We routinely service the people of Chilliwack out of our nearest office in Abbotsford, less than 30 minutes southwest on the Trans-Canada Highway BC-1.

1321 Blanshard Street
Suite 301,
Victoria, BC
V8W 0B6
Fax: 778-373-8213
Toll Free: 1-877-572-1324
4720 Kingsway
Suite 2600,
Burnaby, BC
V6E 3C9
Fax: 778-373-8213
Toll Free: 1-877-572-1324
5811 Cooney Road
Suite 305 South Tower,
Richmond, BC
V6X 3M1
Fax: 778-373-8213
Toll Free: 1-877-572-1324
7164 120th Street
Suite 202,
Surrey, BC
V3W 3M8
Fax: 778-373-8213
Toll Free: 1-877-572-1324
1631 Dickson Avenue
Suite 1100,
Kelowna, BC
V1Y 0B5
Fax: 778-373-8213
Toll Free: 1-877-572-1324
1075 West Georgia Street
Unit 825,
Vancouver, BC
V6E 3C9
Fax: 778-373-8213
Toll Free: 1-877-572-1324
*These are consultation offices that require a booked meeting in advance. Walk-ins are not allowed.

DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and unrelated third parties. Please note that the purpose of this disclaimer is to ensure that the usage of our spokesperson, John Fraser, or any other non-lawyer/paralegals in our legal marketing is not to be construed in any way as misleading to the public. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to management. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Please note that some of the content on this website may be out of date and no longer relevant after May 2021. For additional clarification on legal questions please contact our law firm and book a consultation with a member of our legal team.