Defences Available To Manufacturers In Product Liability Claims

Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences.

The absence of contractual privity may provide a defence. Courts across the country have recognized that a direct contractual relationship is an essential component of a sale of goods claim. The Ontario Court of Appeal's decision in Arora v. Whirlpool Canada LP 2013 ONCA 657 is a recent example.

The plaintiffs in Arora alleged that a manufacturer was negligent in the design and manufacture of a washing machine. They framed their claim as a breach of the warranty of fitness for purpose implied by Ontario's Sale of Goods Act.