Can a U.S. citizen sue a Canadian company?

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Can a U.S. citizen sue a Canadian company?

I’m a U.S. citizen, truck driver, who has been personally and severely affected by a product sold by a Canadian-Based company, but marketed, extensively, to U.S. trucking companies it’s BigRoad Electronic Logging Device hard/software system that falsifies Driver Logs randomly. The stress imposed is enormous. How does one go about suing a Canadian-Based corporation from the U.S.?

Asked on February 17, 2018 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Several issues:
1) There is not enough information in your question to confirm if you can sue in a U.S. court: depending on how the device is marketed and sold and the nature of this company's connection to the U.S., you might have to sue in Canada, if there ia insufficient connection to your state or the U.S. generally.
2) If you are not the one who purchased the device (e.g. it was bought by a company for whom you work or drive), you might not be able to sue, since you are not the one who has the legal connection to the device or manufacturer.
3) If the harm you suffered is only stress, you cannot recover compensation: there us not compensation simply for experiencing stress.
4) If falsying logs is used to defraud anyone or circumvent any laws, be aware that you, since you are evidently using it on your truck, could be liable for the fraud or other illegal act. You are not allowed to violate the law or commit fraud as part of your job; you are expected to quit (and/or report to law enforcement) before doing that.


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