Diamond and Diamond AB
ALBERTA OFFICES

Calgary Main Office

1331 Macleod Trail SE, Suite 420

Edmonton Head Office

4246 97 Street NW, Unit 100

B.C. Offices

Surrey Consultation Office

1104 – 13737 96 Ave, Surrey, BC V3V 0C6

Langley Consultation Office

8661 201 Street, 2nd Floor

Richmond Consultation Office

5811 Cooney Road Suite 305 South Tower

Kelowna Consultation Office

1631 Dickson Avenue Suite 1100

Vancouver Head Office

1727 West Broadway, Suite 400

ONTARIO OFFICES

Oshawa Consultation Office

50 Richmond Street E, Unit # 108 B

Brampton Consultation Office

341 Parkhurst Square, Suite 5

Etobicoke Consultation Office

34 Greensboro Dr 2nd Floor

Toronto Head Office

255 Consumers Road, 5th Floor

Sudbury Consultation Office

144 Elm Street, Suite 201

Ottawa Main Office

955 Greenvalley Crescent, Unit 315

Mississauga Office

2155 Leanne Blvd #113

London Main Office

256 Pall Mall St, Suite 102

Hamilton Consultation Office

105 Main Street East, Suite 1500

Barrie Main Office

17 Poyntz Street

Windsor Main Office

13158 Tecumseh Rd. E. Unit 3B

Thunder Bay Consultation Office

278 Algoma Street South

Have you been injured because a product you have used is faulty? If you have, you are in the right place. We can help. But first let us explain a bit more about what product liability claims are, so you can work out if you have a potential case.

First, let’s take a look at the types of businesses that can potentially be held liable for injuries caused by a defective product. This gives you an idea of who you may have to sue to receive compensation for your injury. The list includes:

  • Product manufacturers
  • Wholesalers
  • Suppliers
  • Retailers
  • Marketing companies

If any of these types of businesses are found to be responsible for your injury, you can potentially recover damages by filing a personal injury claim.

Product Liability Law in Alberta

In Alberta, product liability cases are pursued using the common law principles which are followed by all Canadian provinces. Except that is for Quebec, where civil law is used.

Under Canadian common law, all product liability claims are assessed against a negligence standard, rather than a strict liability standard. 

Proving Negligence in a Product Liability Claim 

When you file a product liability claim, you must establish that:

  • The party being sued owes a duty of care to the injured party
  • The party that is being sued failed to perform their duty
  • The injured party can prove that they have suffered damages
  • The injuries suffered were actually as a result of the defendant’s breach of duty of care to the injured party

Statute of Limitations for Product Liability Claims in Alberta

If you do need to make a claim, you must do so within the statute of limitations. As you will see, there is little, often no, leeway on this.

You have 2 to 6 years from the day on which you were injured to file your action. That means that you need to be speaking to a lawyer, like us, well before those deadlines. We will need time to review your case, gather evidence, assess it, and work out what the best approach will be.

It is always best to work on the principle that the deadline that applies to your case is 2 years, not the 6 years. But don’t be afraid to get and touch about a product-related injury you suffered a few years ago. We will be able to quickly tell you which statute of limitations deadline applies to your case.

Occasionally, the limitation period can be extended because the product liability claim was not reasonably apparent at the time of your injury. So, always ask a lawyer rather than assume too much time has elapsed since you hurt yourself.

Common Types of Product Defects

Several kinds of product defects can lead to an injury for which you can potentially claim for compensation. They include the following:

  • Manufacturing defects – Sometimes errors in the manufacturing process lead to products being produced that are not faithful to the original design. In that situation, an error that makes that product unsafe would almost certainly be the responsibility of the manufacturer.
  • Design defects – If the design itself is not safe, the liability will usually then lie with the company who has overall responsibility for the product.
  • Marketing defects – Should the product have been marketed to you improperly, the marketing firm may be held liable. For example, if you were to buy an electrical item that was advertised using images of it being used outdoors, when in fact it was not safe to do so.
  • Lack of safety warnings – Even perfectly safe products can become unsafe if they are used in the wrong way. That is why the law requires that products be sold with appropriate safety warnings. As well as proper instructions that show you how to use the product safely.

Products That Can Become Defective

Potentially any product can turn out to be defective. But some classes of products are more prone to this than others. Over the years, we have mainly dealt with cases that involve the following:

Pharmaceutical products

Surprisingly, a lot of defective pharmaceutical products reach the market including:

  • Over the counter medications
  • Prescription drugs
  • Orthotics
  • Pain relief devices
  • First aid kits
  • Braces and other supportive or limb correction devices

Vehicle defects

Alarmingly it is not uncommon for vehicles to be launched that have serious design flaws. Some of which have been the underlying cause of many car accidents. Recent examples include:

  • Brakes that suddenly fail
  • Tires that blowout
  • Engines that cut out even at high speed
  • Components that spontaneously combust
  • Safety items that do not work, including child restraints
  • Airbags that go off for no reason
  • Airbags that fail to go off during accidents
  • Faulty seatbelts
  • Head restraints that cannot be safely adjusted or that fail

Food products

Sadly, the number of faulty food products that are leading to serious health issues and injuries is on the increase. Examples include:

  • Food items that contain foreign objects
  • Food products that contain out of date or condemned ingredients
  • Foods that do not include proper allergen warnings
  • Food products that contain allergens that the label says they are free of
  • Products that have not been hygienically produced which cause food poisoning and other illnesses

Here are some other more general examples of products that are sometimes faulty and dangerous:

  • Home construction products or materials
  • Industrial equipment and materials
  • Construction materials and equipment, for example, forklifts, construction lifts and bucket cherry pickers

Protect yourself and your family from the consequences of defective products. Call Diamond & Diamond now to consult with an Alberta product liability lawyer.

Talk to an Alberta Product Liability Lawyer from Diamond & Diamond

Diamond & Diamond lawyers have extensive experience in pursuing personal injury claims. Including those that involve product liability. To get help from us you can:

Visit any of our offices in Alberta and the surrounding area

Call our 1-800 number – any time, any day

Use our online contact form

Regardless of how you choose to get in touch, we will always offer you a free initial consultation. 

PRO TIP : 

“Product liability cases often get expensive, so it might be wise to get a law firm to handle your case instead of a solo practitioner.”

FAQs on Product Liability Lawyer in Alberta

What is crashworthiness, and how does it relate to product liability claims?

Crashworthiness is the degree to which the design and the materials used to build a vehicle will protect the occupants during an accident. Failure to meet the legal safety standards and properly crash test a vehicle is a serious offence. Potentially, the designer, testing facility and manufacturer could all be sued as part of a product liability claim.

I want to file a product liability claim, but I already discarded the product (because I didn’t know any better), so what should I do?

Even if you have put a faulty product that caused you injury in the bin you should still speak to a lawyer to see if you can still pursue a claim. In some cases, you will still be able to do so. Your lawyer will know how to uncover other compelling evidence, provided it exists. But it is always best to have the faulty product and the packaging available for them and the court to examine. So, keep it if you can.

I got injured by a product I don’t personally own -- can I still sue?

Even if you do not personally own a product that caused you to be injured, you can still potentially sue. An experienced product liability lawyer will be able to confirm whether you have a case or not.