Is common issue #1 of a product liability/negligence claim certified?
British Columbia, Canada
The following excerpt is from N&C Transportation Ltd. v. Navistar International Corporation, 2016 BCSC 2129 (CanLII):
The issues of duty of care and standard of care lie at the heart of every product liability/negligence claim and are proper issues to be certified if the central issue of the existence of a defect is certified: Jones v. Zimmer GMBH, 2013 BCCA 21 at para. 3-4. Given my determination with respect to proposed common issue #1, it follows that these common issues should also be certified.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
In what circumstances will the defence claim that individual issues overwhelm common issues? (British Columbia, Canada)
How to re-frame common issue (h) such that it would be appropriate for a common issues trial? (British Columbia, Canada)
Can I.B.C. plead to the claim for no-fault benefits and agree that the claim should be adjourned when the issue of liability commenced? (British Columbia, Canada)
Is limited common property a common common expense of a strata corporation? (British Columbia, Canada)
What is the common issue in a certified sexual abuse action? (British Columbia, Canada)
What is the test for certifying an action on the basis of common issues? (British Columbia, Canada)
Does Bayer have to prove that individual issues predominate over any common issues? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
