Defective Product Lawyer in Calgary

It is the body of law that holds manufacturers, distributors and sellers responsible for injuries caused by products that were negligently designed or made, or that were sold without adequate warning of a risk associated with their ordinary use. Unlike some other jurisdictions, Canada does not impose strict liability on manufacturers — a claimant must establish that the standard of care was breached and that the breach caused the injury.

It becomes much harder, and sometimes it is not possible. Establishing a defect usually depends on examining the item. If the product is gone, other evidence — photographs, the packaging, medical records, recall notices, reports of similar failures, and evidence from anyone who saw the failure — may still support a claim, but the position is significantly weaker. If you still have the product, keep it exactly as it is.

In most injury claims the period is two years — but it does not simply run from the date of the incident. It runs from the point at which you knew, or ought reasonably to have known, three things: that you were injured, that the injury was attributable to someone else's conduct, and that it was serious enough to warrant bringing a proceeding. A separate ten-year outer limit runs from when the claim arose, and whichever period expires first governs. Different rules apply to minors and to people under a disability. Because the analysis is fact-specific, the safe course is to ask early rather than assume.

We act on a contingency fee basis, which means you pay no legal fees unless compensation is recovered. Disbursements — the out-of-pocket costs of running a file, such as medical records, expert reports and court filing fees — and applicable taxes may still apply. We will explain the arrangement in writing before you retain us.