Personal Injury · New Brunswick
New Brunswick Product Liability Lawyers

New Brunswick gives an injured consumer more than the ordinary negligence claim. A New Brunswick product liability lawyer sues the manufacturer and the supply chain in negligence, and adds the province’s Consumer Product Warranty and Liability Act, a statute that gives consumers warranty rights that do not depend on having bought the product themselves. In every case, keep the product untouched before anyone with an interest in the outcome handles it.
The Consumer Product Warranty and Liability Act Strengthens the New Brunswick Claim
Most provinces leave an injured person who was not the buyer to negligence alone. New Brunswick’s Consumer Product Warranty and Liability Act extends warranty protection past the sales contract, so a consumer injured by a defective product can hold suppliers to statutory warranties of quality and fitness. The negligence claim runs beside it, proving a manufacturing defect, a design defect or a missing warning through an engineer’s examination of the unit and the manufacturer’s own testing and complaint records.
The Claim Names the Whole Chain That Put the Product on a New Brunswick Shelf
The claim names the manufacturer, the importer, the distributor and the retailer wherever their failure contributed. That matters most when the manufacturer is foreign and hard to reach, because the businesses that sold the product here are present and insured. The products behind New Brunswick claims are familiar: space heaters and wood stove parts, lithium batteries in tools and e-bikes, propane appliances, farm and forestry equipment, and children’s products. A product that caused a fire also supports a burn injury claim. A vehicle defect runs with the car accident claim.
Two Years From Discovery, Which Is Often Later Than the Injury
The Limitation of Actions Act, SNB 2009, c L-8.5 gives two years from discovery of the claim. In a product case discovery does real work, because the defect is often identified months after the injury, when an engineer finds the failed component or a recall is published. The safer course is to treat the injury date as the start and move early, while the unit, the packaging and the receipts still exist.
A Workplace Product Injury Supports a Lawsuit WorkSafeNB Does Not Replace
A worker injured by defective equipment claims compensation through WorkSafeNB, and the legislation bars suing the employer. The manufacturer of the machine is a third party outside the bar. Suing it recovers pain and suffering and the income loss compensation does not cover, and the two claims are coordinated so benefits are not put at risk.
A New Brunswick Product Liability Lawyer Proves the Loss as Well as the Defect
Damages cover pain and suffering, lost income and the capacity to earn income, future treatment and care, and expenses, with Medicare’s costs recovered inside the claim. Proof of the defect is the product itself, inspected jointly so no party can allege spoiled evidence, plus Health Canada’s recall and incident records for the model. Claims are filed in the Court of King’s Bench of New Brunswick, Trial Division. The fee is contingent: no fee unless the claim resolves.
The Product Was Bought Years Before It Failed.
Age is argued and rarely decisive. A product is expected to be safe for its foreseeable life, and the limitation period runs from the injury and its discovery, not from the purchase date. The real question is whether the failure came from the defect or from wear, which is the engineer’s question to answer from the unit. Keep the service history if one exists. It answers the wear argument before it is made.
The Store Offered a Refund and Asked for the Product Back.
Keep the product instead of handing it back, because a refund only resolves the purchase, and surrendering the unit surrenders the proof needed for the injury claim. Photograph it, store it, and let every inspection happen with all parties present.
I Was Hurt by a Product Someone Else Bought.
New Brunswick is the right province for that problem. The Consumer Product Warranty and Liability Act was written so consumer protection does not stop with the person who paid, and the negligence claim never required a purchase at all.
The Product Is Still Under Warranty. Does That Limit Me?
No. A warranty governs repair or replacement of the product. It does not limit a claim for the injury the product caused.
The regional overview is at product liability lawyers. The Moncton and Saint John offices take these claims across the province; contact the firm before the product leaves your hands.
New Brunswick Product Liability Lawyers, in Short
- Limitation period
- Two years from discovery under the Limitation of Actions Act, SNB 2009, c L-8.5; discovery matters because a defect is often identified after the injury
- Regime
- Negligence against the manufacturer and supply chain; New Brunswick's Consumer Product Warranty and Liability Act adds consumer warranty rights that do not depend on a direct contract with the seller
- Court
- Court of King's Bench of New Brunswick, Trial Division; Small Claims Court up to $20,000