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Product liability : Can having a garage sale make you liable?

Garage Sales and Product Liability

What do product liability and garage sales have in common. Springtime brings new beginnings. When the warm weather finally comes, we are all anxious to open the doors and windows and begin the spring cleaning. Out with the old and in with the new.

As the seasons change and the children grow, we are anxious to get rid of the stuff we no longer use. Old toys, car seats, strollers, playpens and bicycles and helmets are the first to go.

Beware, selling your things carries a responsibility. Did you know that you are legally responsible to ensure that anything you sell, new or used, meets the current Canadian regulatory requirements?

Canada Consumer Safety and Product Liability

Since the enactment of the Canada Consumer Safety Act, if you sell a product that is banned in Canada, defective and will cause injury to the user or part of a product recall you will be responsible for anyone getting hurt who uses the product you sold them.

Before you hold a yard sale or flock to Kijiji to sell off your clutter, take a few precautions. Find out if the item you are selling has been banned in Canada. You can find that information on the Health Canada website.

Some of Canada’s banned products include:

· baby walkers

· infant self-feeding devices

· lawn darts with elongated tips

· baby bottles that contain BPA

Health Canada Consumer Product Liability Safety Product Recall page

Make sure that the products have not been recalled by checking the Health Canada Consumer Product Safety Product Recall page.

If you need to find out if a product has been recalled, you can contact the retailer or manufacturer or check for recent recalls and safety alerts on the Health Canada webpage. Double check infant products like playpens, car seats or strollers, still have the manufacturers label including model and date of manufacture on it.

Don’t sell toys with loose parts like buttons or knobs that can easily become choking hazards.

Buyer Beware. When you buy products from flea markets yard sales or even online, you should always ask questions about he item you are considering. Ask the seller where they bought it, how long they have had it or has it every been repaired or recalled. If you are buying infant products look for the manufacturers tags and check online for recalls on the item.

If you, or a loved one, has been injured by a product, you can make a product liability claim against the manufacturer or seller of the unsafe product. Call us today for a free consultation. We will gladly answer all of your questions and concerns so that you have all of the facts about making a claim

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