Product Liability

Overview

Services

Our strong team of lawyers is systematically called upon to represent clients on the following issues:

• Defence coordination in the context of complex actions instituted in several jurisdictions
• Defence of manufacturers, distributors and vendors against individual and class action lawsuits
• Negotiation and drafting of distribution agreements
• Drafting of various contractual warranty provisions, limitation and exclusionary clauses, and product insurance provisions
• Interpretation of insurance policy provisions dealing with manufacturers’ and vendors’ liability and insurance coverage opinions
• Training of risk management professionals
• Implementation of recall campaigns
• Advising on Health Canada regulatory issues concerning consumer products
• Managing compliance and mandatory reporting of incidents for consumer products under the Canada Consumer Product Safety Act
• Analysis of the effects and regulations on proposed and existing products
• Drafting of warranties, product operating instructions and warnings

Major clients

In recent years, Lavery has acted for numerous clients in product liability litigation including class actions in the following sectors:

• Automobiles
  Major automobile manufacturers in class actions suits over allegedly defective automobile parts
• Heavy machinery equipment
  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
  Manufacturers and distributors of internationally sold electrical and mechanical parts
• Construction materials and products
  A producer of raw materials used in the manufacturing of polybutylene piping in a nationwide class action suit
  A manufacturer of pump and filtration systems
• Pharmaceuticals
  Various pharmaceutical companies and manufacturers of drugs and medical devices
• Chemicals
  Various chemical products manufacturers and vendors
  A manufacturer of urea formaldehyde foam insulation products
• Pet feeds
  Producers of animal feeds, farming, and veterinary products
• Food products
  Food products manufacturers and distributors
• Environmental
  A major manufacturer of industrial linings for environmental waste sites
• Insurance
  Insurance companies in a class action suit concerning the use of non-OEM body parts in the repair of insured motor vehicles
• Consumer products
  A toy distributor and vendor in the implementation of a recall
• Aerospace
  An international distributor of mechanical, electric and engine components
  A manufacturer of mechanical components used in aircraft manufactured internationally
  A manufacturer of electric aircraft control systems
• Electronics
  Foreign manufacturers and their Canadian distributors of home appliances and personal electronics