The distributor's recall efforts were insufficient to protect consumers: court
The Supreme Court of British Columbia has awarded damages to a worker injured by a defective bear banger, finding the distributor negligent in the product's design, testing, and recall process.
The accident occurred while Justin Muss, a gas field operator, worked in a remote area near Fort St. John, BC. After observing a bear approaching, he used a Star Blazer bear banger to scare it away. The device detonated prematurely while in his hand, resulting in immediate injuries, including hearing loss, tinnitus, and sensitivity to loud sounds, known as hyperacusis.
Muss, who had extensive experience with bear bangers, was unable to safely return to work without significant accommodations and faced ongoing challenges in both his professional and personal life due to the injuries.
The court noted that the distributor, Earth Management, began selling the Star Blazer bear banger in 2015, relying on a copied blueprint that had not been reviewed by an engineer. The company also failed to conduct adequate product testing or establish a quality control system. Between 2016 and 2017, Earth Management became aware of 12 to 20 incidents involving the device’s premature detonation, including injuries such as burns and loss of eyesight. In response, the company ceased sales of the product in October 2017 and attempted a recall. However, the recall process was found to be deficient, as Earth Management did not ensure that all customers received warnings or removed the defective products from shelves.
The Supreme Court determined that Earth Management’s recall efforts were insufficient to protect consumers and that its negligence directly led to Muss purchasing the defective product. The court also found Jiangxi Xinyu Guoke Science and Technology Co., Ltd., the manufacturer of the device, jointly liable for the injuries after a default judgment was entered against it.
In its decision, the court outlined the lasting consequences of the accident on Muss. The plaintiff’s permanent hearing loss and related symptoms have severely impacted his ability to perform his duties in a safety-critical role, diminished his earning potential, and significantly affected his quality of life. His relationships with his family have also suffered, as his injuries limit his ability to engage in social and recreational activities. Despite being a previously healthy and competent individual, Muss now struggles with daily pain, frustration, and a loss of confidence in both personal and professional settings.
The court awarded damages to compensate for non-pecuniary losses, including pain and suffering, and for future loss of earning capacity, special damages, future care costs, and the diminished ability to perform household tasks. In addition, the court imposed $10,000 in punitive damages on Earth Management, citing its failure to take reasonable steps to protect the public even after becoming aware of the product’s dangers. Ultimately, the court awarded a total of $795,176.86 in damages to Muss.
