Product Liability in Canada: Who is at Fault?

• 
  Matthew Baer
  Lawyer

Product liability can expose manufacturers, distributors, and retailers to major risk when products injure consumers. This Lexpert FAQ explains how Canadian law decides who is at fault when something goes wrong with a product, and what “defect” really means in practice. It breaks product liability down into three main categories: design defects, manufacturing defects, and defects in warnings or marketing.  

The article explains when a design is considered unsafe, and why plaintiffs often need expert evidence to show that the design itself is flawed. It then turns to manufacturing defects, where something goes wrong in the factory or assembly line. The discussion covers situations where workers are negligent, the design is not followed, or faulty materials are used, and how those facts shift legal responsibility. 

The FAQ also looks at failures in labelling, instructions, or marketing. It outlines how a company’s own packaging, advertising, or safety warnings can become central in a lawsuit. Plaintiffs may try to show that the product fell short of industry standards or regulatory requirements, which can be powerful evidence in court.  

Lastly, the article links these defect categories to real-world litigation strategy. It gives businesses, insurers, and counsel a clear view of how liability can arise at different stages of the product’s life cycle, from initial design to final sale. This is a practical guide for anyone in the Canadian market who needs to understand where product risk sits, how claims are built, and what evidence courts expect to see. 

Read the original article for Product liability in Canada: who is at fault? over on Lexpert. 

For more information visit the bio page of McKenzie Lake Lawyer, Matthew Baer.