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A party to a purchase or supply contract is entitled to sue for damages for breach of the contract if the quality, fitness or performance of the product does not comply with express or implied contractual terms.
Damages for personal injury and property damage are intended to be compensatory. General damages for pain and suffering are presently capped at about C$340,000.
All parties in the distribution chain are potentially liable for product liability claims if negligence can be established.
Negligence refers to the absence of, or failure to exercise, proper or ordinary care. It means that an individual who had a legal obligation either omitted to do what should have been done or did something that should not have been done.
Breach of warranty refers to the failure of a seller to fulfill the terms of a promise, claim, or representation made concerning the quality or type of the product. The law assumes that a seller gives certain warranties concerning goods that are sold and that he or she must stand behind these assertions.
A manufacturer can be held liable for negligence if lack of reasonable care in the production, design, or assembly of the manufacturer's product caused harm. For example, a manufacturing company might be found negligent if its employees did not perform their work properly or if management sanctioned improper procedures and an unsafe product was made.
If you were injured by a defective product read about your rights here and consult a CanLaw personal injury lawyer as soon as possible to consider a Defective Product Lawsuit.
A case of negligence is a central part of the law of products liability.
In order to recover under a theory of negligence, a plaintiff must prove five basic elements, :
In any products liability case, the law requires that a manufacturer exercise a standard of care that is reasonable for those who are experts in manufacturing similar products.
However, even if a plaintiff can prove that a manufacturer has failed to exercise the proper standard of care, the plaintiff cannot recover without proving two aspects of causation.
The plaintiff must first show that but for the manufacturer's negligence, the plaintiff's would not have been injured.
The plaintiff must also show that the defendant could have foreseen the risks and uses of the product at the time of manufacturing.
Limitation periods vary from province to province but generally speaking, most personal injury lawsuits in Canada are subject to a limitation period of two years starting on the date of the injury.