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Products Liability

If you manufacture, distribute or sell products to the public, you’re at risk of being sued by consumers, claiming to have been injured by your goods, who allege that:

  • their injuries were caused by an apparent or hidden defect in the goods;
  • the labelling on the product was incorrect or incomplete with respect to the goods’ potential dangers; or
  • the instructions on their proper use were inadequate.

Where do leading vendors turn to defend themselves against such product liability claims? McCarthy Tétrault. Why? Because of our:

  • Specialized knowledge. Pharmaceutical companies and manufacturers of medical devices benefit from our in-house expertise in pharmacology and pharmokinetics, life sciences, biosciences, medical legal issues and precedents, as well as emerging areas such as nanoscience. Likewise, automobile or chemical manufacturers and those in the food and hospitality industries benefit from our knowledge of and expertise in their sectors.
  • Skills in helping prevent product liability lawsuits. We advise you on what to include in your product monograph, labels or advertisements when you put a new product on the market or change your existing product. We consult with our Intellectual Property Group to ensure that your interests are well protected throughout.
  • Track record in class action lawsuits. Our seasoned trial lawyers are Canada's foremost class action litigators, recognized in the leading legal directories. We train our peers and university students in product liability and class action law.
  • Expertise in negotiating. Product liability cases can be time-consuming, complex and difficult to understand for consumers. Even victors in the court of law do not always achieve victory in the court of public opinion. We will tell you when talking to the dragon makes more sense than trying to slay it. Our professionals are experienced in sitting down with all parties and brokering a negotiated outcome, and with helping you manage the court of public opinion throughout the process and thereafter.
  • National presence. Many product liability cases are multijurisdictional. Our team of legal experts seamlessly represents you across Canada and co-ordinates with your legal team in the US and Europe.