Store Liability: Sale Of Goods Act And The Failure To Warn

What happens when you purchase a product from a store and are subsequently injured by that product?

While much of the focus in product liability situations is on the manufacturer of the product, it is important to know that the store which sold the product is also responsible for damages caused by the product to the purchaser of the product.

The Sale of Goods Act

This is largely due to the Sale of Goods Act (SGA). The SGA is legislation that regulates contracts of sale and provides protection to consumers in Ontario. One of the ways it does this is through section 15, where the SGA stipulates that every contract of sale between a "buyer" and "seller" has implied warranties as to the quality and fitness of the product being purchased. One of the implied conditions is that products being purchased must be reasonably fit for their purpose. If a product is found to not be reasonably fit for its purpose, the seller can be found strictly liable. This means it does