Product Liability Claims

When you purchase a product, you trust that it will be safe to use and perform as intended. Unfortunately, this is not always the case and can put consumers at risk. Product liability law exists to protect individuals who have suffered harm or loss due to dangerous or defective goods. Understanding your rights and the legal options available is the first step toward seeking accountability and compensation.

Who Can You Sue In A Product Liability Claim?

Product liability claims are usually claims against companies for negligently designing, manufacturing, distributing, or selling products which either harm consumers or create a risk of harm to consumers.  Generally, the defendants in a product liability claim are the people who:

• Design and manufacture a defective product;
• Advertise, market and distribute a product; and/or
• Sell a product to a retail consumer.

A classic example of a claim might be against a drug manufacturer because the drug had known side effects that the manufacturer did not disclose to the consumer.

What Is The Basis For A Product Liability Claim?

The basis for a product liability claim typically lies in a breach of the duty to provide a safe and functional product. First, a product must be safe. It must be safely designed for its intended use, and the manufacturing process must follow proper standards. Examples of this would be using appropriate materials, ensuring proper assembly, and maintaining sufficient quality control during the manufacturing process. Second, the product must be suitable for its intended purpose. This means the

product should perform as a reasonable consumer would expect it to.

In addition to safety and function, manufacturers and sellers also have a duty to warn consumers about any known risks with the product. This includes risks that may not be obvious, such as the dangers of furniture tipping over if not secure or the potential for illness when handling certain chemicals. Failing to provide clear warnings can form the basis of a product liability claim, especially when the lack of warning contributes to injury or loss.

Individuals can bring claims for product liability, but people usually file them through a class action in order to aggregate the claims of many people.

What Am I Likely To Get Out Of A Product Liability Claim?

It depends on what you lost. What you may recover from a product liability claim depends on the type and extent of the loss you’ve experienced. If the product was defective, unsafe, or unusable—but did not cause you physical harm—you may receive compensation in the form of a repair or replacement of the product, reimbursement for the cost of fixing or replacing the product, or a comparable product that works and is not dangerous.

If the product caused you injury, the compensation available may be broader. You may receive damages (money) covering out-of-pocket medical expenses, lost wages, loss of future earnings from a decreased ability to work, decreased ability to take care of your household, and any other “hard” costs associated with the resulting injury. In addition, you may receive general damages for non-financial losses such as pain and suffering, emotional distress, or a loss of enjoyment of life. In rare but serious cases, courts may also award punitive damages to penalize especially reckless or harmful conduct by the manufacturer or seller.

What Kinds Of Products Are Subject To Product Liability Claims?

• Motor Vehicles (for example, where there is a defect in a piece of safety equipment like an airbag, or the vehicle shifts out of gear or accelerates on its own)
• Pharmaceuticals and medical devices(drugs with known but undisclosed risks or side effects, implantable devices like prosthetic joints that fail, or cause health problems)
• Consumer products that are dangerous, especially those which contain harmful chemicals (baby powder with asbestos in it, weed killers that cause cancer)

What about products that cost me money beyond the purchase price, but no harm, or where there is concern about the risk of harm, or mental upset and anxiety arising therefrom?

Some such claims are difficult to bring in light of recent case law.  In particular, the courts are reluctant to award damages for “pure economic loss” in the absence of any evidence of actual harm.  Where the economic loss arises out of a contract, (ie: a claim for repair or replacement) there may still be a claim, but where it arises out of a tort, it likely will not (1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 at 47).

The increase in the risk that a harm might exist in the future will not be enough, without evidence of harm that one actually suffers.  Further, claiming that one has suffered psychological harm as a result of the concern that a future physical injury might occur is likewise not actionable because “different forms of personal injury, be they mental or physical should be awarded identical treatment” according to the Court (Dussiaume v Sandoz Canada Inc., 2023 BCSC 795 , see also Palmer v. Teva Canada Limited , 2024 ONCA 220).

What About Breach of Privacy?

Unless there is evidence of compensable harm resulting from a data breach—or a clear indication that such harm is likely — Courts are generally reluctant to find that a class action is the preferable way to address a privacy breach. Individual privacy breaches also tend not to result in significant damages. As a result, the privacy commissioner usually handles these matters in a more effective manner than courts.

What Should I Do If I Think I Have A Claim?

When you buy a product, you expect it to be safe, functional, and as advertised. Unfortunately, that’s not always the case. From faulty airbags to undisclosed side effects in medications, defective products can lead to financial loss, emotional distress, and even serious injury. At Kahane Law Office, we help clients hold manufacturers and sellers accountable through product liability claims. Whether you’ve been harmed or are unsure about your rights, we’re here to guide you through the legal process. Contact Kahane Law Office today to discuss your matter and explore your legal options. You can call us at 403-225-8810 or email us at [email protected].

This article is intended for informational purposes only. This article does not constitute legal or professional advice and should not be relied on as such. Readers should obtain specific legal advice in relation to the issues they are facing.