What are some potential grounds for product liability claims?
In Ontario, a consumer can only file suit over a product defect if they can prove that the item was “unreasonably dangerous” because of a flaw that existed when the product was made available to the public. The consumer must then show that the defendant owed them a duty of care, that the defect in question directly caused them to suffer an injury, and that they are entitled to compensation for specific compensable losses such as damages for pain and suffering, medical expenses, and loss of income.
There are several forms of actionable product defects, including:
- Defective design;
- Manufacturing defects; and
- Marketing defects.