Product Liability Lawyer Ottawa

Ontario Defective Products 

If you were injured due to a defective or dangerous product, you need the help of an experienced Ottawa product liability lawyer. Injuries resulting from the way a product was sold, packaged, displayed, or labeled, can be compensated by the store or company that made or distributed the product. Call an experienced attorney today to help determine if you have a case. There are time limitations in Ontario for filing product liability claims. Don’t wait until it’s too late – call Auger Hollingsworth for a FREE consultation today.

Dangerous Product Accident, Injury & Death Claims

Ottawa Product Liability LawyerThe product liability lawyers at Auger Hollingsworth represent clients who have suffered injuries or died due to:

  • Dangerous Drugs
  • Flammable Fabrics
  • Automotive Restraints (seatbelts)
  • Defective Tires
  • Heavy Equipment Liability
  • Manufacturers Liability
  • Defective Products
  • More

Product liability cases in Ontario can be tough to prosecute.  Make sure you preserve all the evidence you can, especially the defective product!

What Our Clients Say

“Brenda, I just can’t thank you enough for handling the successful outcome of my case. Your knowledge and expertise were evident and I didn’t have to worry about anything. The whole process was extremely well organized. A special shout out to Dawn Baglole who was also there for me in the final stretch and treated me with compassion and understanding. I also want to thank Melissa Stewart for answering all of my many questions and keeping me informed every step of the way. Thank you!!!”

By: Chantal N.
Rating 5/5 ⭐⭐⭐⭐⭐
Read more reviews on Google!

Products Liability FAQ

✔️How do I know if I have a successful product liability case?

In Ontario, to win a product liability case, the injured person has to prove that the defendant is responsible for the injuries.  A defendant will be responsible for the injuries if the product was:

  • designed negligently or
  • manufactured negligently.

Often our law firm will hire experts to assess whether there was negligence in the way the product was originally designed or in the way it was made or constructed.

Sometimes, a product is fine when used as intended but can be dangerous otherwise.  In those situations, a defendant will be responsible for your injuries if they breached their duty to warn.  You see evidence of the duty to warn every day.  For example, the message on your coffee cup that says “Caution, contents are hot” is an example of a company satisfying their duty to warn.

If our law firm represents you in a product liability case, we will also consider whether there has been a breach of contract that would entitle you to compensation.  We will look for whether there was a defect in the product that makes it unfit to be used for the product’s intended purpose.

 

✔️Who do I sue if I am injured by a defective product?

Negligence can be found against any of the companies in the distribution chain of a defective product.  In many product liability cases, our firm will sue the product designer, manufacturer, wholesaler, and retailer.  Usually, manufacturers and designers are most likely to be held responsible for injuries caused by a defective product.  However, there can be situations where a retailer is liable.

Example:  If a retailer sells fireworks to a 12-year old boy who is injured when he tries to ignite them, the retailer may bear more responsibility for the injuries than the manufacturer.

Recently, several US courts have found Amazon responsible for defective products sold through its website by third parties–even though Amazon itself had nothing to do with how the products were made.  Other US courts have found the opposite.   It will be interesting to see how Ontario courts will decide this issue when that is asked to do so.
The lawyers at Auger Hollingsworth will conduct a full investigation of your claim to determine who should be named in a lawsuit for damages relating to a defective product.

 

✔️Are there government laws relating to dangerous or defective products?

The Canada Consumer Product Safety Act has guidelines that require retailers to report safety incidents relating to the products they make or sell.

In addition, manufacturers, importers, sellers, and distributors must report to Health Canada when they become aware of any incidents that involve a defect in a product that poses the potential to result in serious injury, death, or other adverse impacts on a person’s health.  For example, there is a reporting obligation if there are product complaints or returns, other product liability claims, test reports or product recalls.

Part of the job of our capable product liability lawyers is to be familiar with these laws and to be aware of how to find out if there have been any negative reports created that relate to the product that has harmed our clients.  The lawyers at Auger Hollingsworth understand how to obtain the report and how to use them to build a case against those involved in the creation and distribution of the defective product.

 

✔️What are the most common types of defective products that result in product liability claims?

Pharmaceutical drugs and medical devices are probably the products that are best known for their product liability claims.  While most people understand that pharmaceuticals can have inherent risks, consumers are entitled to assume that the risks have been reduced as much as possible and that the risks themselves have been clearly communicated to the consumer.

Defective motor vehicle claims are also often in the news.  Whether it is a fire hazard or a braking problem, defective motor vehicles pose a significant hazard.  As vehicles become more autonomous, these types of product liability claims will probably increase.

Toys and baby equipment often also give rise to product liability claims.  Choking hazards and tripping hazards are two obvious issues and there are many others.

We have all heard about many issues relating to defective food, including problems with listeria or e-coli in lettuce or on strawberries.  Labeling issues, such as failing to indicate that a product contains peanuts are also very common.

Power tools with missing or removable safety guards and collapsing ladders are also examples of building equipment and tools that may lead to a product liability claim.

Contact Us!

Our Ottawa product liability lawyers are here to serve you. We’re ready to get you the compensation you deserve for your injuries from a defective or dangerous product. Please use our contact form to request your FREE 1/2 hour consultation! You can also call one of our 4 offices in Ottawa to speak with us in person.