Product Liability
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OVERVIEW
Avoiding product liability claims doesn't happen by chance. Rather, it is accomplished by a commitment to manufacturing quality products and the implementation of processes and procedures to ensure that quality is maintained.
Still, claims can occur. Minimizing exposure to the potentially devastating impact of claims requires the formulation and execution of timely and effective responses. We can assist.
SERVICES
Our Product Liability Group is comprised of lawyers with collective experience in virtually all classes of products and production processes, as well as personal injury and property damage claims.
Possessing the ability to effectively converse and collaborate with a wide array of engineering, medical, accounting, management, and insurance professionals, our lawyers are uniquely positioned to provide a broad range of services to both the insurance industry and product manufacturers in the following areas:
To help our clients minimize the chance of claims arising, the Product Liability Group provides advice across a spectrum of management initiatives including:
- quality assurance protocols
- document retention procedures
- product sale documentation (warnings and liability limitations)
- loss and claims management protocols
- evidence preservation procedures
2. Defence and Subrogation
We have a reputation for professionally and aggressively defending our clients against claims, and pursuing subrogation. We are able to bring to bear extensive trial and alternative dispute resolution (ADR) experience to protect the reputation of the manufacturer and the product, and to obtain expeditious resolution of the claim. Whether acting on the defence of large class action proceedings, the pursuit of subrogated recovery in highly technical matters, or resolving claims within modest deductibles, lawyers within our Products Liability Group are committed to working closely with our clients to implement cost-efficient, innovative, and proactive solutions.
3. Coverage
When product liability claims arise, prompt and accurate identification of potential coverage issues can have a dramatic impact on exposure assessment and the formulation of appropriate strategies to minimize loss and achieve timely resolution. We routinely provide advice on complex coverage issues, including:
- identification and analysis of exposures, insurance needs, and coverage options
- development and modification of policy wordings prior to issuance of the policy
- identification and analysis of the appropriate a "trigger" of coverage
- identification and analysis of potentially applicable exclusions
- identification and analysis of overlapping or concurrent coverages
- development of reservations of rights and non-waiver agreements
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FIRM CASES
PUBLICATIONS
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Products Liability – Time to Reconsider Intermediate Examination*
First published in Advocates Quarterly. This paper will be devoted to the argument that the IE defence is an anachronism that should be abandoned, so long as it remains in play.
Tips for Pursuing a Claim Under the Provisions of the Sale of Goods Act
In the context of subrogated claims, the Ontario Sale of Goods Act (“SOGA”) gives rise to a potential cause of action that must be considered in order to ensure that all potential defendants are named in the claim. As claims handlers and counsel, it is important to determine whether a party to a sales contract upheld its obligations, namely that the goods sold were fit for the intended purpose and were of merchantable quality.
Nuances Between Judge-Alone and Jury Trials
During the COVID-19 pandemic, the courts were unable to hold jury trials for many civil claims, particularly MVA and tort cases. This ended in May 2022, and jury trials for civil cases have since resumed. During this time, many decisions proceeded before only a judge. This paper will outline the major differences between judge-alone and jury trials.