Ontario Product Liability Law – Defective Products and Negligence
Defective or dangerous products are the cause of thousands of injuries every year in Canada. The law provides protections for consumers and others who may be injured by dangerous or defective products, and defines who is responsible when injuries occur.
Product liability refers to a manufacturer, distributor, seller or another company or person being responsible for placing a defective product into the hands of a consumer.In general terms, the law requires that a product meet the ordinary expectations of the consumer. A product may be found to be defective because of a shortcoming in manufacture, design or warnings to the consumer of a hazard involved in the foreseeable use of the product.
Primarily, there are three types of defects that may cause injury and lead to manufacturer or supplier liability:
- Defects in Design – These may exist even prior to a product being manufactured, meaning that a flaw in the design of the product may make it inherently unsafe.
- Defects in Manufacturing – These defects may occur during production itself.
- Defects in Marketing – Some defects are associated with the manner in which the product is marketed. Examples of marketing defects may include errors in labelling, instructions or safety warnings that are inappropriate, or even missing.
If you’ve been injured, you may have a viable claim against a manufacturer, retailer, distributor or other party in negligence, breach of warranty, or other claims arising from a defective product. An experienced personal injury lawyer will work with you to determine how best to prove that the product was defective and unreasonably dangerous, and that the defect caused your injury.
Product liability cases are often complex and establishing legal fault usually requires the assistance and testimony of experts. If you or a loved one has suffered an injury caused by a potentially defective product, contact an experienced Mackesy Smye lawyer to guide you through the claims process.