The Nuances of Product Liability Claims

Product liability claims in Ontario address issues with defective products and aim to protect consumers from injury and financial loss. Learn more before you decide to file a defective product claim.

Who is Responsible for Defective Products?

Product liability in Ontario holds each party in the supply chain accountable, depending on their role and the nature of the defect:

• Manufacturers are responsible for the product’s design, production, and assembly. They must ensure the product is safe and warn consumers of any inherent dangers. If a defect originates here, the manufacturer is typically liable.
• Distributors are accountable for ensuring that the products they distribute are safe. They can be liable if they knew or should have known about a defect.
• Retailers are contractually obligated to sell safe products to consumers. They can be liable if they fail to provide necessary warnings or sell a known defective product.

How Product Liability Claims Arise

Product liability claims in Ontario arise when a product is found to be defective and causes harm to a consumer. Defective product claims can be based on the following:

• Defective design. If a product is poorly designed, it can be inherently unsafe, even if it’s manufactured correctly and used as intended.
• Defective manufacture. However, errors may be made during the production process, which lead to defects. This could include using substandard materials, improper assembly, or failing to follow quality control procedures.
• Failure to warn. A product may also lack adequate information about its potential risks. Insufficient labelling, inadequate safety warnings, or a lack of instructions may fail to alert consumers to everything from obvious dangers to hidden risks.

How to Prove Product Liability

For a product liability claim to succeed, the plaintiff must prove several elements:

• Duty of care or a defendant’s duty to ensure that a product is safe.
• Breach of duty or that a defendant failed to provide a safe product.
• Causation, which means that the defendant’s breach of duty directly caused the plaintiff’s injury.
• Damages, which refers to the harms or losses the plaintiff suffered due to a defect.

Evidence for proving these elements may include records of the manufacturing process, product testing results, and expert testimony.

Consumer Protection Legislation

Several pieces of legislation protect consumers, ensuring that products meet safety standards and providing avenues for redress in case of defects:

• The Motor Vehicle Safety Act regulates the safety of vehicles and automotive parts, setting standards that manufacturers must meet to ensure vehicles are safe for use.
• The Sale of Goods Act provides that goods sold in Ontario must be of merchantable quality and fit for their intended purpose. This implies that products must be safe, free from defects, and perform as expected.
• Various Consumer Protection Acts across Canada, including Ontario’s Consumer Protection Act, offer broad protections for consumers against unsafe products and unfair practices. They also provide remedies, such as refunds, repairs, or replacements for defective goods.

What Damages Are Recoverable in Defective Product Claims?

Plaintiffs can recover several types of damages in a defective product claim:

• General damages, which compensate for non-monetary losses, such as pain and suffering, emotional distress, or loss of enjoyment of life. These damages recognize that not all losses are economic in nature.
• Compensatory damages, which cover things like lost wages, medical expenses, or other out-of-pocket costs related to the injury.
• Punitive damages are awarded in rare cases to punish a defendant for particularly egregious conduct and deter similar behaviour in the future. These can be significant when awarded.

Seek Legal Advice About Your Defective Product Claim

If you’re the victim of a defective product, you could be entitled to compensation. Don’t navigate your product liability claim alone—work with a lawyer to help you understand your rights, gather evidence, and build a strong case.

At Miskin Law, we strive to make the legal process more manageable as we help you fight for the compensation you deserve. Our legal team is ready to put over 60 years of combined experience to work for you. Call us toll-free at 877-428-8000 for a complimentary consultation at one of our legal offices in Peterborough, Lindsay, or Oshawa, Ontario.