Product Liability

Stikeman Elliott understands the stakes involved in product liability litigation. Our litigators defend large complex product liability matters, including class actions and claims that may threaten the reputation or result in significant financial consequences of affected clients. We focus on achieving economically rational solutions that obtain the best possible result to achieve our clients’ objectives, whether by way of an aggressive defence or a negotiated result. Clients also rely on our expertise to advise on preventative measures that can be deployed to avoid costly liability claims and recalls.

We have particular expertise in the defence of major claims involving highly technical issues. Our diverse client base includes manufacturers, distributors, wholesalers, retailers, suppliers, end users and their insurers. Among them is British American Tobacco PLC in its defence of actions brought by the health ministers across Canada, the largest aggregate product liability claim in Canadian history.

Stikeman Elliott litigators have extensive trial and appellate experience at all levels of provincial and federal courts, as well as before regulators, boards, tribunals, arbitration panels, commissions of inquiry and the governing bodies of a range of institutions and professional disciplines. Furthermore, our lawyers wrote the book on product liability, domestically and internationally: The Law of Product Warnings and Recalls (Lexis Nexis) provides advice on best practices and risk management to help companies and their legal advisors meet applicable standards and avoid liability.

Our Expertise

  • Advertising and media
  • Automotive
  • Class action product liability claims
  • Consumer products
  • Defective design
  • e-Commerce
  • Food and beverages
  • Industrial equipment
  • Insurance issues
  • Internal investigations
  • Medical devices
  • Pharmaceutical products
  • Product labeling and warnings
  • Recalls
  • Regulatory compliance
  • Single product claims
  • Tort claims
  • Lexpert 2019 Guide to the Leading US/Canada Cross-Border Lawyers in Canada for Dispute Resolution