A summer day in Toronto can find temperatures soaring to 31C but you could perceive and feel the heat as much higher. A Canadian concept first proposed in 1965, known as the “humidex” has been cited by Environment Canada as one that combines humidity and temperature and assesses them according to how they feel to the average person. It’s a comfort-threshold that varies from person to person. This summer’s humidex advisory for Toronto puts the scales close to a sweltering 39C and people are looking forward to cooling off with air-conditioning, whether it’s in their cars, homes or workplaces.

However, a recent class action lawsuit filed by plaintiffs in the US claims that auto giant Toyota was aware of the defects in a particular model that led to the system becoming a breeding ground for mold, giving off foul odors etc that could pose potential health hazards. In spite of knowing this, the company did nothing to fix the problem. This falls under Defective Products liability and if you’re the victim of such a product, contact a personal injury lawyer immediately. 

Car Air-conditioning Problems

Most people are unaware that their car air-conditioning systems are a breeding ground for fungus and bacteria. As the car gets older, or if the the air-conditioning system is not used very often, it provides a fertile area for bacteria, fungi, mold, micro-organisms, insects etc. Refrigerant gases pass into the evaporator, heat absorption from drivers and passengers takes place and condensation occurs. Usually this occurs behind the door panel or dashboard, causing bacteria to proliferate, foul odors that trigger headaches, flu symptoms and a feeling of malaise known as the “sick car syndrome.” Micro-organisms that cause respiratory problems are commonly found in car air-conditioning systems. An experienced personal injury lawyer can assist you to identify the exact cause of your ill-health.

Defective Products Liability in Canada and Car Air-conditioning Systems

Personal injury lawyers for the plaintiffs allege that the manufacturer was fully aware that this model has a defect in the heating and ventilating systems but failed to disclose this defect to purchasers or leasers of the vehicle.

Product liability has become much more widespread today, as the global market expands. Defects can occur at any stage during manufacturing, storage and distribution. Canadian manufacturers are liable to their clients not just in breach of contract, but also in tort since they may have breached or violated the duty of care owed to customers with regard to consumer goods. Distributors are similarly liable, since they cannot blindly back the claims of the manufacturer and must take prudent steps to conduct their own research into a product before taking up distributorship.

Defective product liability claims hinge on the following factors:

• Manufacturing Defects
• Design Defects
• Failure to warn users about these

Canadian law does not consider “strict liability” with regard to product defects and the cause of action is limited to tort of negligence. Federal regulations strictly mandate that defects and incidents of serious injury caused by products have to reported. Jury trials are quite rare and it’s usually a single judge that hears such a case. Punitive damages are generally not available and general damages for “pain and suffering” and non-pecuniary losses are capped even in severe cases to $340, 000.

The “duty to warn” is a continuous one and applies to products at the manufacturing stage and also defects that may arise later.

The Canada Consumer Product Safety Act passed in 2011 imposes certain duties on those who manufacture, import or sell consumer products in Canada. All parties in the distribution and manufacturing chain must be recorded and preserved for a period of seven years.

This act is enforced through fines and penalties including criminal convictions.

How We Can Assist

If you or a loved one develops health problems directly caused by a defective air-conditioning system in your car, you need to contact a personal injury lawyer immediately. “How do I find a personal injury lawyer?”  is a question that most victims of such defective products face. Personal recommendations are ideal, or you could consult local bar association directories and search through some of the law-firm/lawyers’ websites on-line.

Product liability claims require extensive and intensive research on a multi-disciplinary level. In the case of defective air-conditioning systems, the case has to be backed by the expert testimony of medical, engineering and automobile experts. Specialized information from bacteriologists, microbiologists etc would strengthen your case further. Our Kitchener personal injury lawyer can ensure that a strong case is assembled so that you receive maximum compensation.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.