A product liability claim arises when a person is seriously injured or killed because a product was unsafe due to a defect in its design, its manufacture, or the absence of adequate warnings.

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These cases are more complicated than from standard negligence cases. Liability may extend across the supply chain, including manufacturers, distributors, and others involved in bringing the product to market. The fault analysis focuses on whether the product "created an unreasonable risk of harm" and whether that risk should have been identified and addressed before the injury occurred.

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Foster Injury Law represents individuals and families across Ontario, including Toronto and the Greater Toronto Area, in claims involving serious injury and death caused by defective or unsafe products. Our work includes matters involving complex product failures that have attracted public attention, including cases reported on by CBC News.

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When a Product Creates Legal Liability

 

An injury involving a product does not automatically give rise to a claim. The central question is whether the product was unreasonably dangerous when used as intended or in a reasonably foreseeable way.

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Product liability claims are usually framed around three types of defect:

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• Design defects — where the product is inherently unsafe

• Manufacturing defects — where the product departs from its intended design

• Failure to warn — where adequate instructions or safety warnings were not provided

 

Many claims involve more than one of these issues. The analysis turns on whether the product performed safely and whether the risk that materialized could have been avoided.

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How Product Liability Claims Arise

 

Product-related injuries often occur in circumstances where the cause of the incident is not immediately apparent.

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This can include:

• Equipment or devices that fail during ordinary use

• Products that malfunction under expected conditions

• Situations where the nature or extent of a risk was not clearly communicated

• Incidents involving technical or specialized equipment

 

The key issue is whether the product functioned safely, and if not, whether the failure reflects a defect in design, production, or warnings.

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Serious Injury and Fatal Product Liability Claims

 

Where a product failure results in catastrophic injury, brain injury, or death, having the correct legal analysis becomes crucial.

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Product defects involving machinery or equipment can lead to catastrophic outcomes, including amputation injuries where the limb cannot be salvaged.

Fatal cases may give rise to claims by surviving family members under Ontario law. These claims are closely connected to wrongful death claims, where compensation is based on the losses experienced by family members rather than the injury itself. 

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Establishing liability in these cases often requires a clear understanding of both how the product failed and how that failure led to the injury or death.

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Investigating Product Liability Claims

 

Product liability claims are evidence-driven and often require expert input.

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This may include:

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• Engineering or design analysis

• Product testing and failure examination

• Review of warnings, and safety materials

• Consideration of applicable industry standards

 

A central issue is whether the risk was known, or should reasonably have been known, before the product was put into use.

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Our Approach to Product Liability Claims

 

These claims require more creative and in depth thinking by injury lawyers than standard car accident or slip and fall cases. The analysis is directed at identifying the mechanism of failure and determining whether it reflects a defect or an unaddressed risk.

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We handle claims involving complex equipment and device-related incidents where liability is not always readily apparent. These matters often involve multiple parties and require careful coordination of evidence to establish how the failure occurred and whether it could have been prevented.

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Time Limits for Product Liability Claims in Ontario

 

Strict limitation periods apply. In most cases:

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• A claim must be started within two years of the date of injury

• Additional time may apply depending on when the product malfunction was discovered

 

Where the cause of an injury is not immediately clear, limitation issues can become more complicated and should be assessed early.
 

Common Questions About Product Liability Claims

 

What do you have to prove in a product liability claim?

 

You must show that the product was defective or unsafe, that the defect caused the injury, and that the risk should have been identified or addressed by those responsible for the product.

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Who can be held responsible for a defective product?

Liability may extend to manufacturers, distributors, and others involved in bringing the product to market, depending on how the defect arose.

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Do product liability claims only involve consumer products?

No. These claims can involve a wide range of products, including equipment, machinery, and other devices used in work or recreational settings.

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What if the cause of the failure is not clear?

 

That is common in product liability cases. A proper investigation, often involving expert engineering evidence, is normally necessary to be able to determine whether a defect existed and how it caused the injury.

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Contact Foster Injury Law

 

If you have been seriously injured, or have lost a family member due to a defective or unsafe product, you may have the right to bring a claim.

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Foster Injury Law assists clients across Ontario, including Toronto and the GTA, with serious and complex injury claims arising from product failures and other forms of negligence.