What to do when the mower bites back.

• Author: Dubrule, Darryl D.

The autumn months not only marked the end of summer, but marked the end of the useful life of a twelve year old lawn mower that was owned by Sam. Over the course of the winter months, Sam kept an eye open for an off-season sale in order to replace the old lawn mower. In February, Sam came across a lawn mower sale at Mowers & More Inc. (the Retailer). He picked out from the showroom the model called the Lawnbuster. Sam was told by the Retailer that only the floor model was immediately available; otherwise one would have to be ordered from Yard Stuff Ltd. (the Wholesaler), since there was no other Lawnbuster in stock. Sam was in no rush, and left the Retailer, content with knowledge that his new lawn mower would be acquired well before the first sign of spring.

In mid-March, Sam, after receiving a call from the Retailer, went to the Retailer to pick up his new Lawnbuster. His only record of the transaction was a receipt for purchase. The Lawnbuster came with a limited warranty for mechanical breakdowns. It also came with a standard operating instruction sheet, which included some general warnings about improper use. There were no assembly instructions as the Lawnbuster came ready for use. On reviewing the documents, Sam noted the Lawnbuster was designed and built by Easy Use Equipment Ltd. (the Manufacturer).

Finally, in the middle of May, Sam awoke on a Saturday morning filled with the anticipation of using the Lawnbuster for the first time. Unfortunately, it was also the last time. Having pushed the Lawnbuster no more than twenty paces, the cutting blade detached and flew backwards striking Sam in the right ankle resulting in a fracture and laceration. Following medical treatment, Sam went to the Retailer only to find that the Retailer did not survive the slow winter and had permanently shut its doors. Sam then went to his lawyer seeking advice as to whether he had a claim for personal injuries.

Products liability is a unique area of law developed because of the limitations of contract law and the ever expanding horizons of tort (negligence) law. Typically, when purchasing products, a purchaser is afforded some protection in contract law under the Sale of Goods Act of Alberta. This legislation provides a purchaser with certain warranties including fitness for the purposes (the product can perform the task that it is supposed to be able to do) and merchantable quality (the product is essentially workable and usuable). However, the problem...