B.C. man wins $795,000 in bear deterrent injury lawsuit

FORT ST. JOHN, B.C. — A B.C. man has been awarded more than $795,000 after suing an Alberta company for injuries sustained from a defective bear frightening device.

The plaintiff, Justin Muss, filed a lawsuit against 735084 Alberta Inc., doing business as Earth Management, and Jiangxi Xinyu Guoke Science and Technology Co., Ltd. on January 13th, 2021.

In her November 15th decision, Justice Sandra Wilkinson found the company responsible for Muss’s injuries from a “Star Blazer bear banger” designed and distributed by the company. 

“I find that the plaintiff is entitled to compensation under all heads of damages and order a total award of $795,176.86,” Wilkinson wrote.

Wilkinson noted that Earth Management was aware of multiple incidents in 2017 in which a Star Blazer bear banger caused injuries.

“At this point, Earth Management was aware that there was a high level of danger entailed by ordinary use of the product,” says Wilkinson.

The plaintiff first purchased the Star Blazer bear banger from a sports store in 2019, which was a customer of Earth Management.

According to court documents, “a bear banger is a pyrotechnic explosive device used to deter bears away from the user.”

“Earth Management had stopped distributing the Star Blazer bear bangers in October 2017 due to a defect that caused premature detonation,” according to the judge. 

On May 18th, 2019, Muss was working as a gas and field operator in a remote area approximately 170 km north of Fort St. John.

Muss saw a “good-sized” black bear around 50 feet away. 

“The plaintiff tried yelling and honking his truck’s horn to deter the bear, but the bear continued to move closer.”

After the bear was not deterred, Muss used the device.

Muss’s right hand was injured as a result. He also sustained cuts on his body, damage to both legs, temporary loss of sight, and prolonged hearing loss.

He saw minor improvements in his hearing beginning six months after the incident but never fully recovered.

“The plaintiff understands that his hearing will not improve, and will in fact get worse as he ages,” says Wilkinson.

Muss was awarded $95,000 for non-pecuniary damages, $622,000 for future loss of earning capacity, $17,086 for cost of future care, $41,879.00 for past and future housekeeping capacity, $9,211.86 for special damages, and $10,000 for punitive damages.