Oct 09, 2012 in News Tort

Tort: Defective Products and Tort Liability

Have you been injured as a result of a defective product? If so, you may be entitled to compensation from a negligent manufacturer, designer, and/or distributor of the defective product. The cases suggest that an action involving a defective product will usually involve: 1) poor manufacturing 2) poor design and/or 3) lack of warning to the end consumer In the Supreme Court of Canada decision, Rivtow Marine Ltd. v. Washington Iron Works[1974] S.C.R. 1189, the operator of a log barge equipped with a specialized crane was killed when the crane collapsed. Following an examination, extensive cracks were found on the crane, and it was determined the crane was defective. The manufacturer and distributor of the cranes were aware that these types of cranes developed cracks necessitating repairs; however, neither the manufacturer nor the distributor advised the charterer of the barge at the time of purchase. The Supreme Court of Canada held that the knowledge of the danger involved in the use of the cranes carried with it a duty to warn purchasers of the cranes. That duty arose the moment when the manufacturer and/or the designer became seized with the knowledge. As a result, both the manufacturer and the designer of the crane were liable. This case confirms that manufacturers, designers and distributors of defective products owe a duty to consumers of their products to ensure there are no defects likely to give rise to injury in the ordinary course. If you?ve been injured by a defective product, contact Neinstein Personal Injury Lawyers LLP immediately to determine your right to compensation.