Product liability is the legal responsibility of manufacturers, distributors, and retailers for injuries caused by unsafe or defective products. In Ontario, a person harmed by a defective product may be entitled to pursue compensation from any party in the product’s supply chain from the original manufacturer to the retailer who sold it.

Unlike some other areas of personal injury law, you do not necessarily need to prove that a company was careless. Depending on the circumstances, liability can arise from a design defect, a manufacturing defect, or a failure to provide adequate warnings about known risks.

If you have been injured by a product in Ontario, contact Hoffman Law to discuss whether a claim is available.

Product liability claims in Ontario generally fall into three categories:

• Design defects: the product was inherently unsafe because of how it was designed, every unit of the product carries the same risk
• Manufacturing defects: the design was safe but the specific product was built incorrectly, making it dangerous
• Failure to warn: the product carried risks the manufacturer knew about but failed to adequately disclose to consumers

Common product types involved in Ontario claims include medical devices, pharmaceutical drugs, consumer electronics, vehicles and vehicle components, children’s toys and equipment, and industrial or workplace tools and machinery.

Yes. If a defective product caused your injury, you may be able to pursue a claim against the manufacturer, the distributor, the importer, or the retailer, depending on where the defect originated and what each party knew or ought to have known. In many cases, multiple parties in the supply chain share liability.

Product liability claims can be complex because they often involve technical evidence about how the product was designed or built, expert analysis of the defect, and documentation of how the injury occurred. Acting quickly is important because products can be recalled, modified, or destroyed, and companies may begin their own investigations that affect the evidence.

Hoffman Law handles product liability claims across Ontario, including Toronto, Mississauga, Brampton, Scarborough, North York, and throughout the Greater Toronto Area. Contact us to discuss your situation.

The steps you take after a product injury can significantly affect your ability to make a claim. Preserving evidence is the most important immediate priority.

• Seek medical attention and ensure your injuries are fully documented by a healthcare provider. Defective products can cause serious injuries including fractures, broken bones, traumatic brain injuries, and spinal injuries, and early, thorough medical documentation is essential to establishing the link between the product and the harm
• Keep the product exactly as it is, do not repair it, throw it away, or return it to the manufacturer
• Photograph the product, the defect or damage, your injuries, and the scene where the incident occurred
• Keep the original packaging, receipt, and any instructions, warnings, or manuals that came with the product
• Note where and when you purchased the product and whether anyone else witnessed the incident
• Do not give statements to the manufacturer or their insurer before speaking with a lawyer

Not automatically, but a recall can be strong evidence supporting a product liability claim. A recall typically means the manufacturer has acknowledged, or been required to acknowledge, that the product has a safety problem. If you were injured by a product before or after a recall was issued, the recall may help establish that the defect existed and that the manufacturer was aware of the risk.

Whether you have a viable claim depends on whether the defect caused your specific injury, the severity of your injury, and other factors. The fact that a recall was issued does not guarantee a successful claim, and the absence of a recall does not prevent one.

If you were injured by a product that has since been recalled, contact Hoffman Law to understand your options.

To succeed in a product liability claim in Ontario, you generally need to establish that the product was defective, that the defect caused your injury, and that you suffered loss as a result. Claims involving serious injuries such as brain injuries, spinal injuries, fractures, or broken bones caused by defective products tend to attract significant compensation, but they also require strong, well-organised evidence to connect the defect to the severity of the harm. Key evidence typically includes:

• The defective product itself, preserved in its post-incident condition
• Medical records documenting the injury and its connection to the incident
• Expert evidence about the nature of the defect and whether it fell below an acceptable standard
• Proof of purchase and documentation showing the product’s origin and supply chain
• Records of any complaints, prior incidents, or regulatory action involving the same product

Product liability cases are evidence-intensive. Having a lawyer involved early helps ensure the right evidence is identified, preserved, and interpreted correctly before it is lost or altered.

The general limitation period for product liability claims in Ontario is two years from the date you discovered, or ought to have discovered, the injury and its connection to the product. In practice, the discovery date can be complicated: some product injuries, such as those caused by long-term exposure to a dangerous substance, may not be apparent for years after exposure.

There is also an ultimate limitation period of 15 years from the date the act or omission that caused the injury occurred, meaning very old claims may be barred even if you only recently discovered the connection.

If you have been injured by a product, do not delay. Contact Hoffman Law to confirm what deadlines apply to your specific situation.