When Products Cause Injury, the Makers Are Accountable

Consumers are entitled to expect that the products they buy are reasonably safe when used as intended. When a product is defective or unreasonably dangerous and causes injury, the parties responsible for putting it into the marketplace — the manufacturer, designer, distributor, importer, and retailer — can be held liable in negligence. Liability can extend along the entire supply chain.

The Three Types of Product Defect

  • Design defects — the product is dangerous because of how it was designed, even if manufactured perfectly. A safer, feasible alternative design is often central to the case.
  • Manufacturing defects — the product departed from its intended design due to an error in production, materials, or assembly.
  • Failure to warn — the maker failed to provide adequate instructions or warnings about a non-obvious risk associated with the product's use.

Ontario product cases are generally pursued in negligence, and a manufacturer's duty to warn is a continuing one — it can extend even after the sale if a danger later comes to light. Contract-based protections under the Sale of Goods Act and the Consumer Protection Act may also apply.

Common Defective-Product Cases

We handle injuries caused by defective vehicles and auto parts, dangerous machinery and power tools, household appliances, defective electronics and batteries (including fires), unsafe children's products, medical devices, and contaminated or improperly labelled goods.

These Cases Are Built on Expert Evidence

Proving a defect almost always requires engineering, scientific, or medical experts who can examine the product, identify the defect, and explain how it caused the injury. We retain and fund those experts, and we move quickly to preserve the product itself — the single most important piece of evidence.

Do not discard or repair the product. The defective product, its packaging, manuals, and proof of purchase are critical. Preserve them exactly as they are and photograph everything. Spoliation of the key evidence can seriously damage a claim.

Recalls and Class Actions

A product recall can be useful evidence, but it does not automatically prove your case or guarantee compensation. Where many people are injured by the same product, a class action may be appropriate; in other cases an individual claim achieves a better result. We advise on the right path for your situation.

Compensation in Product-Liability Cases

Recoverable damages include pain and suffering; past and future income loss; the cost of future medical care and rehabilitation; out-of-pocket expenses; and, in fatal cases, Family Law Act and Trustee Act claims for the family.

Frequently Asked Questions

What do I have to prove in a product-liability case?
Generally, that the product was defective (in design, manufacturing, or warnings), that the defect made it unreasonably dangerous, and that it caused your injury when used as intended. This almost always requires expert evidence, which we retain and fund.
Why is preserving the product so important?
The product itself is usually the central evidence. Experts must examine it to identify the defect and link it to your injury. Discarding, repairing, or altering it — known as spoliation — can seriously undermine the claim. Keep the product, its packaging, manuals, and receipt.
There was a recall on the product. Does that mean I automatically win?
Not automatically. A recall can be helpful evidence that a problem existed, but you still must prove the defect caused your injury and quantify your damages. We use the recall as one piece of a broader evidentiary record.
Can I sue the store, or only the manufacturer?
Liability can extend across the supply chain — manufacturer, designer, distributor, importer, and retailer — depending on the facts. We identify every potentially responsible party to maximize the available coverage.
How long do I have to sue?
Generally two years from when you discovered, or ought to have discovered, the claim under the Limitations Act, 2002. Because discoverability and the need for expert investigation can complicate the timeline, you should consult us promptly.