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ARTICLE · 24 SEPTEMBER 2013

Let’s Talk Product Liability Claims

McMillan LLP
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A product liability claim is based upon a product causing damages for failing to perform as it should.

CanadaConsumer Protection
Andrew Stead
Andrew Stead
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Our last newsletter explored how a civil suit unfolds. We identified the two main parts of a dispute: liability and damages. We outlined some practical considerations for civil lawsuits.

In this issue we explore one of the most common kinds of claims advanced against dealerships: product liability claims. We will also look at the usual bases for bringing them. A product liability claim (or "products" to those who practice in the area) is based upon a product causing damages for failing to perform as it should. Products claims arise when a consumer purchases a product expecting it to work a certain way, and the product does not. There are a number of ways that this can happen, but four common ones are:

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