Product Liability Law Definition
Canadian product liability law recognizes that persons who have suffered personal injury or property damage from the use of unsafe products should receive compensation. The Supreme Court of Canada has said:
“When manufacturers place products in the flow of commerce, they create a relationship of reliance with consumers, who have far less knowledge than the manufacturers concerning the dangers inherent in the use of the products, and are therefore put at risk if the product is not safe.”
Product liability law is not a distinct branch of the law. Lawyers practicing in this area must have a broad knowledge of various areas of the law including negligence, contract, insurance, and governmental regulation. These areas of the law are likely to come together and apply to any particular product liability case. Since the chain of commerce for any particular product may pass through multiple international and Canadian jurisdictions before reaching the consumer, product liability lawyers must also have a full understanding of the conflict of law principles which will determine in which court and by what body of law a product liability lawsuit can proceed.
Since mass produced products have the potential to cause harm to a large number of consumers, claims for compensation are often conducted on a mass basis by lawyers specializing in class proceedings, although product liability litigation may also involve court action for the recovery of compensation for a single consumer.
The practice of product liability law is not confined to litigation. Lawyers knowledgeable in this area also provide advice to manufacturers and distributors concerning ways to reduce the risk of harm to ultimate consumers thereby mitigating their exposure to product liability claims.
Daniel W. Hagg Professional Corporation
Canadian product liability law recognizes that persons who have suffered personal injury or property damage from the use of unsafe products should receive compensation. The Supreme Court of Canada has said:
“When manufacturers place products in the flow of commerce, they create a relationship of reliance with consumers, who have far less knowledge than the manufacturers concerning the dangers inherent in the use of the products, and are therefore put at risk if the product is not safe.”
Product liability law is not a distinct branch of the law. Lawyers practicing in this area must have a broad knowledge of various areas of the law including negligence, contract, insurance, and governmental regulation. These areas of the law are likely to come together and apply to any particular product liability case. Since the chain of commerce for any particular product may pass through multiple international and Canadian jurisdictions before reaching the consumer, product liability lawyers must also have a full understanding of the conflict of law principles which will determine in which court and by what body of law a product liability lawsuit can proceed.
Since mass produced products have the potential to cause harm to a large number of consumers, claims for compensation are often conducted on a mass basis by lawyers specializing in class proceedings, although product liability litigation may also involve court action for the recovery of compensation for a single consumer.
The practice of product liability law is not confined to litigation. Lawyers knowledgeable in this area also provide advice to manufacturers and distributors concerning ways to reduce the risk of harm to ultimate consumers thereby mitigating their exposure to product liability claims.
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