Product Liability Lawyer ยท Personal Injury
Product Liability Lawyer in Toronto and Across Ontario
A product is supposed to be safe. When it isn't and you get hurt, the maker, importer, and seller can be held responsible. James Moon helps you build the case and meet the deadlines that matter.
Questions โ
What a product liability lawyer investigates
A faulty appliance starts a fire. A vehicle part fails on the highway. A children's product is recalled after it has already hurt your child. A medical device or medication causes harm the warning label never mentioned. These cases share one fact: someone trusted a product, and the product was not safe.
Ontario law lets you reach the businesses behind that product. Manufacturers, importers, distributors, and retailers can all be on the hook, by different routes and under different statutes. The right strategy uses both, and it starts with preserving the product itself.
James Moon is a former insurance-defence lawyer. He has spent years on the side that evaluates defective-product files and decides what they are worth. He now uses that knowledge for injured people, in English and in Korean.
Questions
Common questions, answered.
General information, not legal advice. Contact James to find out what applies to your situation.
What is a product liability claim in Ontario?
It is a claim for compensation when a defective or unreasonably dangerous product injures you. You can claim in negligence against the maker, importer, distributor, or seller, and you can claim breach of the implied warranties under the Sale of Goods Act against the business that sold you the product. Many cases use both routes together.
Do I have to prove the company was careless?
For a negligence claim, yes, you generally have to show the maker or seller failed to take reasonable care. Courts will infer that from the facts when a properly made product would not normally fail the way yours did. For a Sale of Goods Act claim against the seller, you do not have to prove fault, because the law builds fitness and quality into the sale itself.
Can I sue the manufacturer, or only the store I bought from?
Both can be on the hook, but by different routes. You usually have a contract only with the seller, so the Sale of Goods Act warranty claim runs against the store. To reach the manufacturer you typically rely on negligence, or on an express warranty or public representation it made about the product. We identify every responsible party and pursue the ones that fit your case.
How long do I have to start a claim?
The basic deadline is 2 years from the day you knew, or reasonably should have known, that you were injured, that the product or someone's conduct caused it, and that a lawsuit was the right response. There is also a 15-year hard cap running from when the product was made or supplied, regardless of when you discovered the problem. Older products, and any claim involving a child or a government defendant, should be reviewed quickly because special rules apply.
The product was recalled. Does that mean I automatically win?
No, but it helps. A Health Canada recall, a recall in another country, or evidence the company knew about a danger and did not report it supports your case and can justify punitive damages. You still have to prove the defect caused your injury and what your losses are.
What should I do right now after a defective product hurt me?
Get medical care and keep all records. Do not throw out, repair, or alter the product. Keep the item, its packaging, manuals, and your receipt. Photograph the product and your injuries, write down what happened, and report the incident to Health Canada. Then speak to a lawyer before the deadline runs.
Talk to James.
Tell us what happened, in English or Korean, and we will get back to you shortly.
Call 647 702 9838