Product liability law in Canada is derived from common law and specific legislation like the Canada Consumer Product Safety Act (2011). Common law states consumers can bring a legal cause of action for negligent design, negligent manufacture, and/or breach of warranty if the consumer can demonstrate the defendant owed a duty of care, the defendant breached the duty of care, and the consumer suffered damages causally linked to the breach in duty of care. If this has happened to you, our Preszler team of Coquitlam product liability lawyers are here for you.
During a free consultation, we’ll explore the merits of your claim and help you understand your full range of options for seeking justice. Should you decide to work with us, you pay nothing unless we recover compensation on your behalf.
Who Is Responsible For Product Defects and Failures?
In Canada’s common law practice, product liability claims are assessed against a negligence standard, rather than taken at face value as strict liability. To succeed, a plaintiff’s counsel must establish that:
Typically, manufacturers are the ones sued, though marketers or retailers may be liable in select instances.
When Can You Bring A Product Liability Claim?
In British Columbia, the general limitation period is two years from the date of injury. The ultimate limitation period is 30 years. Plaintiffs are allowed delayed discovery when the plaintiff is a minor, someone who is physically or mentally incapacitated, or when the true nature of the injury is hidden.
The courts look at when the basis for the claim became “reasonably discoverable.” For instance, many plaintiffs do not come forward until they read an article or see a commercial about a consumer product liability lawsuit. You can learn a lot by speaking with our product liability law firm to find out if similar claims have been filed.
Why File A Lawsuit?
There are many reasons to consider a lawsuit:
Why Choose Us?
Preszler Law has successfully resolved many cases– we pride ourselves on our honesty and dedication to customer service. When you want to speak to a lawyer, you will. We’ll explain the merits of your case and the status of pending litigation in straightforward and easy-to-understand language. While a lawsuit cannot undo the damage done, it can provide you with the ability to take the next step forward in your recovery and hold those responsible accountable for wrongdoing.