How to File a Lawsuit for a Defective Product in Nova Scotia

Dealing with a defective product can be frustrating and, in some cases, dangerous. You may be considering filing a lawsuit if you’ve been injured or suffered losses due to a faulty product in Nova Scotia. At Preszler Injury Lawyers, our defective product lawyers want to ensure you understand your rights and options after suffering such an injury.

Product Liability Law in Nova Scotia

Product liability law in Nova Scotia governs the legal responsibilities of manufacturers, distributors, and retailers for the products they sell. This area of law aims to protect consumers from the harm caused by defective or dangerous products. The law establishes that those producing and distributing goods must ensure their products are safe.

Nova Scotia’s product liability law is primarily based on common law principles rather than specific provincial legislation. The courts in Nova Scotia recognize three leading causes of action in product liability cases:

• Negligence: This requires proving that the defendant failed to exercise reasonable care in the product’s design, manufacture, or marketing.
• Breach of Warranty: This cause of action involves showing that the product did not meet an express or implied quality, performance, or safety warranty.
• Strict Liability: In some cases, a manufacturer may be held liable regardless of whether negligence can be proven or if the product is deemed unreasonably dangerous.

The Consumer Protection Act of Nova Scotia also provides some protections for consumers, though it doesn’t specifically address product liability claims in depth.

Types of Defective Products and Liability

Defective products can fall into several categories, each leading to different types of liability:

• Design Defects occur when the product’s design is flawed, making it inherently dangerous.
• Manufacturing defects occur during production when a product deviates from its intended design and becomes faulty.
• Marketing Defects: These flaws involve inadequate instructions or warnings about potential hazards associated with the product.

Any of these defects can result in liability, and the parties responsible can be held accountable for the damages caused. Preszler Injury Lawyers knows how to present a strong case for liability.

Common Examples of Defective Products

In Nova Scotia, product liability claims commonly involve:

• Defective medical devices or pharmaceuticals
• Faulty automotive parts or vehicles
• Dangerous children’s toys or products
• Contaminated food products
• Malfunctioning household appliances
• Defective safety equipment
• Toxic materials used in household products

Proving liability and causation is often challenging for each type of claim, so legal experience is often necessary.

Who is the Responsible Party in Product Liability Cases?

Determining the responsible party can become complicated. The part held liable could be:

• The Manufacturer: The company that produced the defective product.
• The Distributor: The entity that sold the product to retailers.
• The Retailer: The store where you purchased the product.

In some cases, multiple parties may be held liable.

The Chain of Distribution

In Nova Scotia, any party in the “chain of distribution” may be liable for a defective product. Parties can include:

• Component manufacturers who made parts used in the final product
• Foreign manufacturers who produced the product overseas
• Importers who brought the product into Canada
• Wholesale distributors
• Retail sellers

This extensive liability chain provides consumers with multiple avenues for seeking compensation. This opportunity increases the likelihood of recovery even if one party has limited resources or is challenging to pursue legally.

Filing a Product Liability Lawsuit

Initiating this type of claim requires the following and more:

• Document Everything: Keep records of purchases, malfunctions, and injuries or damages.
• Preserve the Product: If possible, retain the defective product in its current state.
• Seek Medical Attention: If injured, seek medical care and document all medical records.
• Consult a Lawyer: Contact a product liability lawyer to discuss your case.

Knowing the limitation periods for filing a product liability claim in Nova Scotia is vital. Under the Limitation of Actions Act, the general limitation period is two years from the date the claim is discovered. This “discovery” date is when you became aware or should have become aware of:

• The injury or damage
• That a defective product caused the injury or damage
• That the defect was attributable to the defendant’s actions or inactions

In some cases, there’s also an ultimate limitation period of 15 years from the date the defective product was manufactured or sold, regardless of when the defect was discovered. These time limits are strictly enforced, so prompt action is essential.

Proving a Product Liability Claim

Proving a product liability claim requires demonstrating that:

• The product was defective.
• The defect caused your injuries or damages.
• You used the product as intended.

This often involves expert testimony and thorough documentation.

In Nova Scotia, the plaintiff bears the burden of proof in product liability cases. To succeed, you must establish your case on a “balance of probabilities,” meaning it’s more likely than not that your allegations are true. This standard is less stringent than the “beyond reasonable doubt” standard used in criminal cases but still requires substantial evidence.

At Preszler Injury Lawyers, we know that expert witnesses often play a critical role in product liability cases. These may include:

• Engineers who can analyze design or manufacturing defects
• Medical professionals who can link injuries to the product defect
• Industry experts who can testify about proper manufacturing standards
• Safety specialists who can identify inadequate warnings or instructions

The Lawsuit Process for Product Liability Claims

The lawsuit process typically involves:

• Filing a Statement of Claim: This formally initiates the lawsuit.
• Discovery: Both sides exchange information and evidence.
• Negotiation or Mediation: Attempts to settle may be made.
• Trial: If no settlement is reached, the case goes to trial.

The Nova Scotia Court System for Civil Claims

Product liability lawsuits in Nova Scotia are typically filed in either the Small Claims Court or the Supreme Court, depending on the amount of compensation sought:

• Small Claims Court: Handles claims up to $25,000
• Supreme Court of Nova Scotia: Handles claims exceeding $25,000

Due to the substantial damages often involved, most significant product liability cases are heard in the Supreme Court. The Supreme Court has two divisions: the Trial Division and the Court of Appeal. The former handles initial trials, and the latter addresses appeals.

Alternative Dispute Resolution Options

Before proceeding to trial, many product liability cases in Nova Scotia are resolved through alternative dispute resolution methods:

• Mediation: A neutral third party helps the opposing sides reach a mutually acceptable settlement.
• Arbitration: An objective party hears evidence from each side to decide on the case.
• Judicial Settlement Conferences: A judge facilitates settlement discussions between the parties.

These methods can be less costly and time-consuming than a full trial, though they may not be appropriate for all cases.

Benefits of Working with a Product Liability Lawyer

Working with a product liability lawyer from Preszler Injury Lawyers offers several benefits:

• Experience: Product liability lawyers understand the complexities of product liability law.
• Investigation: They can investigate the defect and gather evidence.
• Negotiation: They can negotiate with insurance companies and other parties.
• Representation: They can represent you in court if necessary.

Finding the Right Legal Representation

When seeking legal representation for a product liability case in Nova Scotia, select:

• Lawyers or firms with specific experience in product liability cases
• Lawyers with a track record of success with similar cases
• Legal professionals who have a keen understanding of the technical aspects relevant to your case
• Law firearms with the resources to take on potentially large corporate defendants
• Law firms with a flexible fee structure (many work on a contingency basis for these cases)

The Nova Scotia Barristers’ Society can provide referrals to qualified lawyers who understand product liability law.

Compensation and Resolution for Product Liability Lawsuits

Compensation in product liability lawsuits may include:

• Out-of-Pocket Medical Expenses: Costs related to injuries not covered by the government or insurance. These expenses may cover physiotherapy, attendant care, home modifications, and chiropractic care.
• Lost Wages: The income you lost because you got hurt.
• Property Damage: Costs to repair or replace damaged property.
• Pain and Suffering: Compensation for physical and emotional distress.

Resolutions can come through settlement or a court judgment.

Damages Specific to Nova Scotia

In Nova Scotia, damages in product liability cases may also include:

• Future Care Costs: Expenses for ongoing medical care or assistance
• Loss of Earning Capacity: Damages set aside for your inability to make the same income you did before you were injured
• Family Claims: Compensation for family members for loss of care, guidance, and companionship
• Punitive Damages: Additional damages may be awarded to punish the defendant if their behavior was notably poor

The Supreme Court of Canada’s decision in Mustapha v. Culligan of Canada Ltd. influenced how Nova Scotia courts approach compensation for psychological injuries resulting from defective products, potentially allowing recovery without physical injury in certain circumstances.

Class Actions for Widespread Defects

When a defective product has harmed many consumers, a class action lawsuit may be appropriate. Nova Scotia’s Class Proceedings Act provides a framework for these collective legal actions. Class actions allow:

• Multiple affected consumers join together in a single lawsuit
• More efficient use of court resources
• Greater leverage against large manufacturers or distributors
• Access to justice for consumers with more minor individual claims

Discuss this possibility with your lawyer if your case qualifies for class action status. The procedures and considerations differ from individual lawsuits.

By understanding the product liability landscape in Nova Scotia and taking the appropriate action, you can protect your rights and pursue fair compensation. 

While the legal process may seem complicated, consumers can successfully file product liability claims with a lawyer’s help.

Speak to a Product Defect Lawyer Now

Learn more about your rights in defective product claims now. Arrange a free consultation with a product defect lawyer from Preszler Injury Lawyers today.