B.C. man awarded $800K in damages after being injured by defective bear banger
CTV
A B.C. man has been awarded nearly $800,000 in damages as compensation for injuries he sustained from a defective bear banger, according to a recent court decision.
A B.C. man has been awarded nearly $800,000 in damages as compensation for injuries he sustained from a defective bear banger, according to a recent court decision.
Madam Justice Sandra Wilkinson’s ruling noted that the company that distributed the bear bangers knew as early as 2017 that the devices had a defect that caused “premature detonation,” resulting in as many as 20 injuries – including burns and, in one case, the loss of an eye.
The plaintiff, Justin Muss, was working in a remote northern area as a gas and field operator in 2019 when he encountered a black bear that he tried to scare off by using the device – a Star Blazer bear banger, designed and distributed by Earth Management.
“The plaintiff tried yelling and honking his truck’s horn to deter the bear but the bear continued to move closer. Based on his experience and training, the plaintiff recognized that the bear would not go away without further intervention and decided to use a bear banger to try and further deter the bear so he could grab his tools and clean up his task,” the decision says.
“As soon as the plaintiff released the trigger, he heard a really loud bang and felt pain in his right side. He could not hear and everything looked blurry around him. He was confused and did not know what had happened,” it continues.
A disoriented Muss noticed his hand was bleeding and bandaged it, before also realizing there was a piece of shrapnel lodged in his leg, prompting him to call a supervisor who would arrange transportation to hospital.
The painful injuries to his hand and leg, which would leave permanent scars, healed within a month. Temporary blurriness in his vision also resolved in the short-term.
