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ARTICLE · 12 MARCH 2020

Defective Product Versus Failure To Warn

We live in a society where we expect our public and private institutions and fellow citizens to act in a way that keeps us reasonably safe and secure. Of course, there will always be some risk of injury as we go about our business.

CanadaConsumer Protection

We live in a society where we expect our public and private institutions and fellow citizens to act in a way that keeps us reasonably safe and secure. Of course, there will always be some risk of injury as we go about our business. But it's simply not practical to spend our days wearing bubble wrap while sitting perfectly still in sterile rooms.

What happens when the negligence of others creates an unreasonable hazard that leads to injury? Defective products can put us at risk, and a failure to warn people of defects can prevent us from doing our own due diligence to protect ourselves from reasonably foreseeable harm.

In this blog, I examine negligence in terms of product liability and explain the difference between negligence resulting in a defective product (in manufacture or design and a failure to warn consumers/users about a product's foreseeable and inherent risks.

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