B.C. Man Secures Shocking $800K After Horrific Bear Banger Incident!

In a landmark court ruling, a British Columbia man has been awarded nearly $800,000 in damages following a devastating incident involving a defective bear banger—a device intended to scare off wildlife but which turned into a life-changing hazard for the victim.

The decision, delivered by Madam Justice Sandra Wilkinson, revealed that the company responsible for distributing these bear bangers, Earth Management, was aware of a critical defect as far back as 2017. This defect led to “premature detonation,” causing serious injuries to at least 20 individuals, including burns and in one tragic case, the loss of an eye.

The Distressing Incident

In 2019, Justin Muss, a gas and field operator, found himself confronted by a black bear while working in a remote northern locale. Desperate to protect himself, he activated the Star Blazer bear banger, manufactured and distributed by Earth Management. Despite his attempts to deter the bear with horn blasts and yelling, the bear persisted, prompting Muss to resort to the bear banger—a decision that would change his life forever.

However, as soon as he pulled the trigger, a thunderous explosion rang out. “He heard a really loud bang and felt pain in his right side,” the court documents state. Muss suffered immediate disorientation, bleeding from his hand, and a shard of explosive shrapnel embedded in his leg. After managing to contact a supervisor for help, Muss was taken to the hospital, only to discover that the horrific consequences of the explosion extended far beyond his immediate physical injuries.

Everlasting Effects

While Muss’s hand and leg injuries healed within a month, the court heard that he was left with permanent damage: he endured “instant hearing loss” and the onset of relentless tinnitus—a condition that manifests as a constant buzzing or ringing in the ears.

Over time, although his hearing improved slightly, it plateaued, leaving him with significant hearing loss and an increased sensitivity to noise. This ongoing condition affects his daily life, making conversations difficult and leading to extreme discomfort in noisy environments. “Every facet of his life has been affected," Judge Wilkinson remarked during the ruling.

Company Accountability

The ruling also highlighted Earth Management’s alarming negligence. Despite stopping the sale of the faulty bear bangers in 2017 due to multiple incidents of injuries, there was no adequate recall process to inform retailers about the risk. Earth Management's president, Peter Mueller, admitted to making a list of over 80 companies that had purchased the bangers but could offer no evidence that those companies had been informed of the danger.

Due to the company's failure to act appropriately and the lack of communication regarding the bear bangers, the judge deemed Earth Management liable for Muss’s injuries, determining that the accident could have been entirely prevented had the company acted on their knowledge of the defect.

Damages Awarded

In the end, Justin Muss was awarded a total of $795,176.86. This includes $622,000 for his loss of future earning ability and $95,000 for non-pecuniary damages, aimed at compensating for his ongoing suffering and lifestyle changes due to his injuries. The court also imposed $10,000 in punitive damages against Earth Management as a consequence of their negligence and lack of customer protection.

As a result of this ruling, there are pressing questions about product safety and manufacturer responsibility that could resonate far beyond this case. This shocking incident serves as a reminder of the potential dangers of seemingly innocuous outdoor equipment. Stay vigilant, and always prioritize safety!