Hire a Personal Injury Lawyer in Toronto for Product Liability Claims

Hire a Personal Injury Lawyer in Toronto for Product Liability Claims

Get to know what Product Liability Claims Entail and How Personal Injury Lawyers Can Help


We expect that the companies that manufacture and sell products to Canadians are doing everything they can to ensure that they are safe. With regard to products such as pharmaceuticals, which carry an inherent risk, we expect that the manufacturers and sellers have communicated these risks clearly. In addition, national and provincial regulations exist to try to prevent faulty products from reaching consumers. Yet each year, there are numerous products that are discovered to be unsafe, and that are recalled from shelves. If you have any doubts about a product you’ve purchased, you can find lists of recalled products and safety alerts on the Canada Health site, here. Currently there are thousands of recalls and advisories for products in categories such as food, health products, consumer products, and vehicles. Examples of these include:


·         A recall of boilers with mechanical problems that can lead to carbon monoxide poisoning

·         Many recalls of hand sanitizer, including one containing technical grade ethanol, plus advisories about hand sanitizer sold in beverage containers

·         A recall of children’s furniture due to high levels of lead

·         Advisories about medication due to incomplete warnings on labels

·         A recall of cat food due to e-coli contamination

·         A recall of caustic soda due to non-child-proof containers

·         A recall of teething spoons because they are a choking hazard

·         A recall of cosmetic concealer due to mold contamination

·         A recall of remote control race cars due to burn injury hazard

·         A recall of automotive glue because label warnings were not bilingual

·         A recall of pistol holsters due to injury hazard

·         A luxury automobile recalled due to exploding airbags


Details of all Canadian auto recalls are also listed here. Media attention with regard to product liability is often focused on pharmaceuticals or automobiles, but as you can tell, even a random sampling of products listed on the government website reveals a wide variety of items that received recalls or warnings because they pose a danger to the consumer.


Three of the largest product recalls include:


·         Ford cruise control. Eight different recalls over the course of ten years affected Ford vehicles fitted with malfunctioning cruise control devices which overheated and caused fires, plus sometimes affected brakes. The product caused multiple deaths and house fires.

·         Vioxx recall of 2004. The pain medication was approved by the FDA in 1999, but Merck, the manufacturer, began to see data that linked the pharmaceutical to heart damage and death shortly afterward. Despite this, they continued selling Vioxx, making $2.5 billion in sales in 2003. After the drug was forced off the market, the company ended up paying almost $5 billion to settle claims regarding people who either died or were injured by Vioxx.

·         Bridgestone/Firestone tire recall of 2000. 6.5 million tires were recalled due to treads that peeled off during use. 46 deaths and more than 700 injuries were linked to the faulty tires.


In each of these cases, the companies involved faced class-action suits and ended up compensating victims. If you have been injured by a faulty product, you may be entitled to receive compensation.


Product Liability Law


Whenever someone is injured by the use of an unsafe or dangerous product, they may be eligible to file a personal injury claim. In Canada, product liability law can be applied to manufacturers, distributors, and sellers of the product. In a successful claim, the injured party must show that the product had a defect, and that they were harmed as a direct result of using the product. There are three aspects for which manufacturers can be held liable. They are:


·         Negligence in Manufacturing. A product may be dangerous due to errors in the manufacturing process (such as faulty welding on a handrail,) a component being left out (such as brake pads on a motorcycle,) or a foreign substance that is introduced accidentally (such as metal shavings from factory machinery into a beverage.)

·         Negligence in Design. There may be a design defect that the company failed to recognize, such as errors in calculation about weight distribution in a vehicle, or a toy design that has sharp edges.

·         Negligent Failure to Warn. When an injury occurs because the consumer is not adequately warned about possible dangers regarding the use of a product. In Canada, warnings need to be clearly displayed in both official languages.


Under certain circumstances, distributors and sellers of the product may also be held liable, as can inspectors, installers/repairers, or product owners.


Personal Injury Lawyers in Toronto


If you have suffered an injury due to a product, consult with a personal injury lawyer. These lawyers are knowledgeable about a number of different aspects, including the law, medicine, and the insurance industry. They understand how to file an insurance claim or a lawsuit so that you can receive compensation for your injuries. And personal injury lawyers almost always work on a contingency basis, which means that you won’t be charged an hourly rate; your lawyer will receive a percentage of any settlement monies.


Contact a personal injury law firm today, and receive the compensation you deserve.