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ARTICLE · 07 SEPTEMBER 2026

Gun Violence And Product Liability: Distribution And Design Defect Negligence

Howie, Sacks & Henry LLP
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Could gun manufacturers and distributors be held liable in Ontario for firearms trafficked from the U.S. and used in Canadian crimes? This analysis examines how product liability law, successfully applied to opioids and tobacco, might offer a new approach to gun violence beyond traditional criminal enforcement strategies.

CanadaLitigation, Mediation & Arbitration
Victoria Kongats
Victoria Kongats
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Canada’s response to gun violence has mostly relied on criminal or penal laws, such as border enforcement, licence suspensions, as well as gang-prevention funding. Product liability law offers a different approach to address gun violence. It examines the liability of manufacturers and distributors for foreseeable harm caused by their products and business practices. This is similar to how courts have held opioid, tobacco and talcum powder manufacturers liable for their products and practices. A 2024 lawsuit filed by a U.S. State Attorney General against Glock, Inc. and its Austrian counterpart alleges the companies negligently design and distribute guns to irresponsible dealers, which fuels a “gun violence epidemic.” In October 2025, the court allowed the case to proceed, denying Glock’s motion to dismiss. With firearms, including Glocks, repeatedly being trafficked into Canada from the U.S. and seized in Ontario crimes, could gun manufacturers and distributors be held liable in

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