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Chapter 5 Product Liability.docx

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Management (MGS)
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Chapter 5: Pages 85 – 93 Occupier’s Liability  Duty of law in ascending order of importance towards o Trespassers o Licensees o Invitees Trespassers  Lowest duty of care  Owners of property where small children live have a special duty of care to protect children from harm or injury  In Alberta, if occupier of land knows a child may trespass, they have a duty to take reasonable care that the child will be safe from any dangers  Trespassers (excluding children) assume all risks of injury when entering land of another o Occupier of land need not need to warn them from all existing dangers  Unless the dangers are traps Licensees  Enter land with either the express or implied consent of owner, usually for their own benefit  Duty of care of the occupier of the land toward licensee would be to protect licensee from any concealed dangers of which the occupier had knowledge, and that were in the area where the licensee might be Invitees and Contractual Entrants  Invitee: a person who enters upon the lands of another by invitation, usually for the benefit of the person in possession of the land  Contractual entrant: a person who enters on the premises with a colour of right stemming from a contract with the occupier that contemplates entry by the person  Particular duty owed the invitee or contractual entrant is to warn or protect the person from any unusual dangers or hazards of which the occupier is aware or ought to be aware  The higher standard of care applied to invitee now applies to both invitees and licensees o The occupier is bound to take reasonable care to protect such persons from injury  Invitee or licensee is required to act in a careful manner; once warned of existing dangers Manufacturer’s Liability for Defective Products  If a purchaser buys such goods by description and the goods contain a defect, the law allows the purchaser to recover any loss from the vendor  The law of contract provides a remedy to the purchaser or the person for whom the goods were intended if the goods prove to be defective or cause some injury  Duty of care extends beyond the immediate purchaser (ex. Retailer), to the ultimate user of the goods (consumer).  When there is physical injury to persons or damage to prope
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