Best Medical Malpractice & Negligence Lawyers in Halifax, NS

How Does Someone Prove Product Liability? In Canada, generally speaking, claimants must demonstrate negligence on behalf of the manufacturer or retailer. The product must create an unreasonable risk of harm when used it as it was intended to be used. This must be due to the negligent manufacture, design or warning of the product. Specifically, the plaintiff must be able to demonstrate that: A) The defendant (company with the faulty product) owed a duty of care B) The defendant breached their duty of care C) The plaintiff suffered damages as a result of this breach D) These damages are causally linked to the defendant’s breach of their duty of care to you. This portion, known as causation, is evaluated on what is called the ‘but-for’ test. Here, claimants must establish on a balance of probabilities that they would not have suffered damage but for the defendant’s breach of its duty of care While this will change slightly depending on the specific type of product liability claimed, this is the general layout of a negligence claim.