What to Do When Injured by a Defective Product

Every consumer has an obligation to make informed choices when purchasing products, but,

sometimes, that is not enough. When manufacturers cut corners to save on costs and build

profits, they may be putting people’s lives and well-being at risk.

Each year, personal injury law firms seek to help some of the thousands who are seriously

injured and even killed by defective products when manufacturers fail to properly design,

engineer, and test them.

People may be at risk from poorly designed automobiles, industrial machinery and equipment,

and consumer products. Most tragically of all, children may be injured by dangerous toys.

Knowledge and Prevention

The new Canada Consumer Product Safety Act (CCPSA), which became effective in June of

2011, has added an important dimension of protection to Canadians in their everyday lives. The

law affords protection on a par with key trade partners for the first time, covering the use of a

range of consumer goods like household products, children’s toys, and sporting goods.1

Health Canada’s Consumer Product Safety Directorate collects reports from consumers and

industry on product health and safety issues. Specialized product categories are managed by

different agencies within the government. For example, problems with drug products are handled

by MedEffectTM Canada, while food product safety issues are reported to the CFIA. Stay

informed and avoid injuries by checking on product safety recalls periodically. Protect your

children by checking on current safety warnings and product recalls for toys.2

Know Your Rights

After a serious injury, coping with the complexities of government rules and reporting, as well as

with the medical bureaucracy, can be challenging. Add the layer of seeking legal redress for your

injuries, and that challenge can suddenly become overwhelming, making full recovery seem like

a distant dream.

When you seek remedies for your situation after an injury or the loss of a loved one due to a

defective product, it is important to know what protections are afforded to you in the law. The

Canadian Bar Association refers to the types of warranties that protect your rights when making

a purchase in BC.

The act of making a purchase includes a contract between you and the seller. The contract can be

“express,” meaning written or verbal, setting out exactly what you can expect, as in a car

warranty; or “implied.” In an implied contract, you can expect a purchased product to meet four

conditions, including:

-the product matches its description

-the product is suited to its intended use

-the product should meet a standard of quality

-the product should last for a reasonable length of time3

If a product turns out to be defective, you may take steps to return or exchange it for value, or for

a refund.

How to Seek Justice When Injured

It’s one thing to stand up for your right to have defective goods replaced or refunded, and quite

another to deal with the impact of serious injury from product defects. The CCPSA requires

manufacturers, sellers, and importers of consumer products to report incidents that cause serious

injury, and to report product defects.

Injured consumers or their survivors who pursue legal remedies will be obliged to bring in expert

testimony regarding the design and engineering of a product, any relevant industry standards,

and warnings or other information provided to—or omitted from—consumers. A successful

outcome for an injured individual or family will depend on the skill of their legal representation.

Firms with a record of recovering awards through settlements, judgments, and disability

payments on behalf of their clients, like Edson Legal, must be prepared to bring in the right

combination of industry experts to give authoritative testimony. Choose a firm that offers a team

approach, drawing on experience and knowledge of multiple legal and industry professionals to

achieve a just result, and start on your road to recovery.