Muss v. 735084 Alberta Inc.
735084 Alberta Inc. doing business as Earth Management
Law Firm / Organization
Unrepresented
Jiangxi Xinyu Guoke Science and Technology Co., Ltd.
Law Firm / Organization
Unrepresented

Background and Issues:
The plaintiff, Justin Muss, alleged negligence against 735084 Alberta Inc. (dba Earth Management) and Jiangxi Xinyu Guoke Science and Technology Co., Ltd., arising from a defective bear banger cartridge that prematurely detonated during use. The accident caused permanent injuries, including tinnitus, hyperacusis, and hearing loss. Jiangxi defaulted, admitting liability, while Earth Management’s negligence stemmed from defective design, storage, and an inadequate recall process.

Key Legal Issues:

  1. Negligence: Earth Management failed in duty of care, quality control, and recall efforts.
  2. Damages: The plaintiff sought compensation under various categories including non-pecuniary damages, future loss of income, and punitive damages.
  3. Punitive Damages: Awarded due to Earth Management's gross neglect in handling a known defective and dangerous product.

Damages Awarded:

  • Non-Pecuniary Damages: $95,000 for pain, suffering, and loss of enjoyment of life.
  • Future Loss of Earning Capacity: $622,000 based on impaired career prospects in the oil and gas industry.
  • Cost of Future Care: $17,086, including specialized treatments and equipment.
  • Past and Future Housekeeping Costs: $41,879.
  • Special Damages: $9,211.86 for expenses incurred.
  • Punitive Damages: $10,000 against Earth Management for egregious conduct.
  • Total: $795,176.86.

Costs:
The court ordered the defendants to pay costs at Scale B. Punitive damages applied solely to Earth Management.

Supreme Court of British Columbia
S210396
Personal injury law
$ 795,177
Plaintiff