LAVERY IS ALSO...
PRODUCT LIABILITY
Overview
A product liability claim can have a major impact on your company. As a leader in this field, the team of highly specialized lawyers at Lavery will find the best and most cost-effective solution to the litigation. Several of our lawyers are among those most frequently recommended by The Canadian Legal LEXPERT® Directory, The American Lawyer Media Guide to the Leading 500 Lawyers In Canada as well as the Best Lawyers in Canada.
Our principal clients
In recent years, Lavery has acted for numerous clients in product liability litigation files including:
- A major automobile manufacturer in a class action suit over an allegedly defective automobile part
- A major supplier of industrial boilers for the pulp and paper industry regarding alleged design and manufacturing defects
- A major heavy equipment manufacturer in lawsuits relating to allegations of faulty design and defects in manufacturing and workmanship
- A producer of raw materials used in the manufacture of polybutylene piping in a nationwide class action suit
- Various pharmaceutical companies and manufacturers of medical devices
- Chemical products manufacturers and vendors
- Producers of animal feeds and farming and veterinary products
- A manufacturer of urea formaldehyde foam insulation products
- Food products manufacturers and distributors
- Manufacturers and distributors of internationally sold electrical and mechanical parts
- A major manufacturer of industrial linings for environmental waste sites
- Insurance companies in a class action suit concerning the use of non-OEM body parts in the repair of insured motor vehicles
- A toy distributor and vendor required to launch a product recall with Canadian consumers
Services
- Analysis of the effects of statutes and regulations on proposed and existing products
- Defence of manufacturers, distributors and sellers in the context of individual or class actions
- Defence coordination in the context of complex actions instituted in several jurisdictions
- Drafting of warranties, product operating instructions and warnings
- Negotiation and drafting of distribution agreements
- Drafting of various contractual warranty provisions, limitation and exclusionary clauses, and product insurance provisions
- Defence of manufacturers, distributors and vendors against individual and class action lawsuits
- Coordination of the defence in complex lawsuits involving multiple jurisdictions
- Interpretation of insurance policy provisions dealing with manufacturer's and vendor's liability and insurance coverage opinions
- Training of risk management professionals
- Planning and implementation of recall campaigns
- Interventions with Health Canada and governmental bodies which regulate and control consumer products safety
Professionals
Lawyers:
Paralegals:
LAVERY AT A GLANCE
An independent law firm, offering the full range of legal services to business. 175 lawyers in Montreal, Quebec City and Ottawa. Member of the World Services Group, an international network of service firms with offices in 120 countries.
LATEST PUBLICATIONS ON THIS AREA OF PRACTICE
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April 2012
In Fact and in Law - Errare Humanum est : To Err is human, but the Court cannot always fix it -
April 2012
In Fact and in Law - The Supreme Court clarifies the parameters for assessing whether a commercial representation is false or misleading: The average consumer is credulous and inexperienced -
June 2011
In Fact and in Law - The Canada Consumer Product Safety Act: Are you ready?








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