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Butter Torts: A Truly Canadian Legal Podcast


Feb 4, 2022

Brenda Agnew and Jordan Assaraf are hosting the first episode of 2022 to talk about product liability, explaining its meaning and applications. They discuss claims under negligence in tort for product liability, specifically the type of claims that can be made: negligence in manufacture, negligence in design, or a failure to work. Today Brenda and Jordan are focusing on those products that have failed and as a result, have caused injury or harm to somebody or to a group of people.

 

Key Takeaways:

[3:45] What is product liability?

[5:09] What are the statutes that govern product liability?

[5:58] What does it mean when a product causes harm to someone?

[7:37] How do you prove that someone was injured by the product?

[9:21] Jordan uses an example to explain a case on product liability.

[13:45] Jordan shares the case of a drug to explain the claim referred to as failure to work.

[16:48] What is the first step when someone is claiming that a drug has failed to work or has damaged a person?

[19:55] Jordan gives details about the case of Soda Stream.

[22:30] What does a claim look like for a household machine that has failed to work?

[24:30] Brenda and Jordan talk about the popular case of the woman who got burnt by a coffee from McDonald’s.

[27:30] How do you get prepared to state a claim of product liability?

[32:26] Sometimes it is not about starting a claim but really warning the manufacturer about their product to avoid more people getting hurt.

 

Mentioned in this episode:

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