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ARTICLE · 12 JUNE 2024

Collecting Evidence In A Product Liability Case

In our daily lives, as consumers frequently purchase and use products, product liability claims may emerge due to defects.

CanadaConsumer Protection

In our daily lives, as consumers frequently purchase and use products, product liability claims may emerge due to defects. These claims can arise from design or manufacturing defects, or they can arise from a failure to warn consumers about the product. It is therefore important to know what to do and how to seek legal help if you run into a product liability issue.

The Supreme Court of Canada held in its decision in Hollis v Birch that manufacturers are held to a high standard of care for consumable products.* This means that manufacturers of food, pharmaceuticals, and any other consumable products must not be negligent in the designing and manufacturing of products.

It is important to note that a standard of care also exists for other types of products used by consumers, such as vehicles, tools, or even clothing. There are legal consequences if a product is defective and the standard of care is breached.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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