What to Do When Injured by a Defective Product

1

• KNOW YOUR RIGHTS AND REMEDIES

2

• Every consumer has 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 peoples
  lives and well-being at risk from poorly designed
  cars, equipment, and consumer products, including
  toys.
• Each year, personal injury law firms seek to help
  some of the thousands who are seriously injured
  and even killed by defective products that are
  poorly designed, engineered, or tested.

3

• The new Canada Consumer Product Safety Act
  (CCPSA), effective June 2011, added a new level
  of protection to Canadians in their everyday
  lives. The law covers consumer goods, like
  household products, childrens toys, and sporting
  goods.1
• 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.
• Health Canadas Consumer Product Safety
  Directorate collects reports from consumers and
  industry on product health and safety issues.
  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

4

• After a serious injury, coping with the
  complexities of law, along with the medical
  bureaucracy, can become overwhelming, making full
  recovery seem like a distant dream.
• When you seek legal remedies for an injury due to
  a defective product, know what protections are
  available in the law. The Canadian Bar
  Association refers to two types of warranties
  that protect your consumer rights in British
  Columbia.
• The act of making a purchase includes a contract
  between you and the seller, that can be
• a. express, meaning written or verbal, setting
  out exactly what you can expect, as in a car
  warranty, or
• b. implied.

5

• In an implied contract, you can expect a
  purchased product to meet four conditions. It
  should
• a. match its description
• b. be suited to its intended use
• c. meet a standard of quality
• d. last for a reasonable length of time.3
• If a product turns out to be defective, you may
  take steps to return or exchange it for its
  value.
• Canadian law extends liability in many cases to
  distributors, wholesalers, and retailers, under
  the duty of care.

6

• Product liability is at times a difficult concept
  to establish, and it continues to evolve in
  Canadian law.
• Liability can be determined based solely on the
  damage caused to an individual, and does not need
  to show the intent of a defendant.
• The British Columbia Supreme Court case Hollis v
  Birch, in 1990, determined that an injury
  resulting from a defect in design or manufacture
  is enough to establish liability, which could
  require compensating the injured party for
  damages. 4

7

• Its 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 toor
  omitted fromconsumers.

8

• Ask for referrals to successful past cases before
  deciding on a law firm to represent you. Theres
  nothing like the actual experience of a consumer
  who has been there, to offer some assurance
  that you are making the right choice.
• Take the example of J.C. in Toronto, who
  suffered a serious hand injury while using a
  defective juicer. Barry Edson and the team at
  Edson Legal involved a top engineering firm,
  interviewed witnesses in Europe, and negotiated a
  settlement prior to trial that was more than
  three times the amount initially offered.
• 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.

9

• Product liability is a genuine concern that
  affects everyoneboth users and sellers of
  consumer goods. Be aware of Canadas regulations
  outlining liability. Even dealers of second-hand
  goods or garage sale vendors may be held liable
  for the safety of products being sold, whether
  they are new or used. 5
• When an individual is injured or a family suffers
  a loss as a result of a defective product, a
  successful legal outcome will depend on the skill
  of the firm they choose to represent them.
• Choose a law firm that offers a team approach,
  drawing on experience and knowledge of multiple
  legal and industry professionals to achieve a
  just result and start you on the road to
  recovery.

10

• Edson Legal, led by Barry Edson, has a 30-year
  history of successfully representing the disabled
  and injured.
• The Edson team takes pride in our reputation for
  establishing many important legal precedents, as
  well as recovering millions of dollars in
  settlements and payments for clients. We work on
  your behalf to obtain the kind of rehabilitation
  and treatment you need.
• The right lawyer will help you obtain a fair
  settlement or judgment, and ultimately, the right
  compensation. Contact us for a free consultation
  at www.edsonlegal.com, or call now at
  1-855-702-3119.

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• 1. http//www.hc-sc.gc.ca/cps-spc/legislation/acts
  -lois/ccpsa-lcspc/index-eng.php
• 2. http//toy-testing.org/safety-recalls/
• 3. http//cbabc.org/For-the-Public/Dial-A-Law/Scri
  pts/Credit-Debt-and-Consumer/257
• 4. https//uwaterloo.ca/electrical-computer-engine
  ering/
• 5. http//www.hc-sc.gc.ca/cps-spc/pubs/cons/garage
  -eng.php