Whistler Product Liability Lawyer

Preszler Law serves Whistler B.C. residents with compassionate legal advocacy when they have been hurt by a prescription drug, medical device, appliance, workplace equipment, or another type of consumer good. Our law office is located in Vancouver, 90 minutes south on BC-99. We offer free consultations and can even come to you if you are too injured to travel. After your case review, you may hire a product liability lawyer from our firm on a contingency basis to pursue justice to the fullest extent of the law, without any upfront costs.  

What Are Product Liability Claims?

Product liability claims are a complex area of law that may include class actions, mass tort litigation, breach of warranty, product design defects, recalls, negligence, or strict manufacturer liability. Product liability cases arise when a consumer becomes ill or injured shortly after using a particular product. Manufacturers have an implied duty of care in Canada, where they may be held responsible for damages when their products do not conform to reasonable expectations of excellent design and safety.

A partial list of common product liability claims may include:

  • Appliances
  • Asbestos products
  • Children’s toys
  • Construction products
  • Cranes
  • Elevators
  • Automobiles
  • Aviation
  • Cannabis products
  • Children’s toys
  • Construction products
  • Cranes
  • Elevators

To have a strong product liability claim, your personal injury lawyer must demonstrate:

  • The product was unreasonably dangerous and defective by design.
  • You have suffered some loss– like medical bills from an injury or lost wages.
  • The manufacturer has failed to implement reasonable quality control processes to prevent injury.
  • The manufacturer knew or should’ve known about the risk and failed to warn consumers.

Defences in Product Liability Law 

The defence may try one of the following strategies by seeking to prove:

  • You knew of the risk or defect but used the product anyway.
  • You repaired or modified the product in an unforeseeable way.
  • There was an intervening act or event that contributed to your injuries.
  • You contractually waived your right to sue.

Product Liability Lawsuit Damages

The aim of a civil lawsuit on product liability is for the manufacturer to take responsibility where economic loss has occurred and remedy the situation to “make the plaintiff whole again.” This means they might pay for:

  • Pecuniary losses– the cost of future medical care and loss of earning capacity arising from the injury.
  • Non-pecuniary losses– pain and suffering, lost quality of life, and psychiatric damage.

In some cases, the cost of repairing or replacing damaged property may be recovered. In extremely rare cases, punitive damages may be added on to “make an example” of manufacturers involved in willful misconduct.

Contact our team of Whistler product liability lawyers

Product liability law is highly complex. Often, success relies upon expert witness testimony and the establishment of certain facts through in-depth investigation. We are experienced in this field, and we have the resources necessary to take on a case and win. We work on a contingency basis— so there are no upfront costs.

We look forward to advocating for your health and wellbeing.

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