Defective Product Claims in Ontario
When a product is unsafe, the consequences can be serious: burns, lacerations, broken bones, poisoning, catastrophic injuries, or even wrongful death.
If you were hurt by a dangerous or defective product, you may have the right to pursue a defective product claim in Ontario.
Cariati Law helps injured people and families understand their legal options and pursue compensation when a product defect causes harm. If you have questions, we’ll explain your rights in plain language and help you take the next step.
What is a defective product claim?
A defective product claim is a type of personal injury claim that may arise when a product causes injury because it was unsafe. In Ontario, defective product cases often involve allegations such as:
Defective Design
The product was dangerous even when made correctly.
Manufacturing Defect
Something went wrong during production (a “bad batch”).
Failure to Warn / Inadequate Instructions
The product lacked proper warnings, labels, or safe-use instructions.
In many cases, the issue isn’t just the product itself—it’s the failure to design it safely, test it properly, warn consumers, or respond quickly when problems appear.
Common examples of defective products that lead to claims
- Auto parts and vehicle components (airbags, seatbelts, fuel pumps, brakes)
- Medical devices (implants, surgical mesh, CPAP machines)
- Pharmaceutical drugs (dangerous side effects, inadequate warnings)
- Children’s products (car seats, toys, cribs)
- Household appliances (fire hazards, electrical defects)
- Tools and industrial equipment (guarding failures, malfunctioning parts)
- Consumer goods with choking, burn, or chemical exposure risks
What do you have to prove in a defective product case?
- Was the product defective or unreasonably dangerous?
- Were there warnings or instructions, and were they adequate?
- Did the defect cause the injury?
- Could the injury have been prevented with safer design, better manufacturing controls, or clearer warnings?
Evidence can include the product itself (do not throw it out), packaging and instructions, purchase records, photos, medical records, recall notices, and expert analysis.
Examples of defective product litigation that affects Ontario consumers
Defective product cases are often pursued as individual claims, but some become class actions when many consumers are impacted. Examples of product-related class actions that have been filed in Canada (including matters that affect Ontario consumers) include:
- ARC Airbag Inflator Defect (automotive safety)
- Denso Fuel Pump Defect (automotive component)
- Evenflo Big Kid Booster Car Seat (child safety product)
- Philips CPAP/BiPAP devices (medical device recall)
- Bard Hernia Mesh (medical device)
What injuries can a defective product cause?
- Burns and scarring
- Fractures and orthopedic injuries
- Head injuries and traumatic brain injury (TBI)
- Spinal cord injuries
- Internal injuries
- Infections and complications from medical devices
- Toxic exposure and long-term illness
If the injury is severe, your claim may involve long-term treatment, rehabilitation, mobility equipment, home modifications, and loss of income.
What compensation can you claim?
- Medical expenses and rehabilitation
- Lost income and reduced earning capacity
- Evenflo Big Kid Booster Car Seat (child safety product)
- Pain and suffering
- Out-of-pocket expenses
- In fatal cases, potential wrongful death damages for eligible family members
What Damages Can You Recover After an Uber or Lyft Accident?
If you’re hurt in a rideshare crash, you may be entitled to compensation for:
- Lost income
- Pain and suffering
- Rehabilitation costs
- Out-of-pocket expenses
- Loss of enjoyment of life
Ontario’s no-fault insurance system lets you claim accident benefits regardless of fault, but you may also sue for additional damages if someone else was negligent.
What to do if you were injured by a defective product
If you suspect a product defect caused your injury, a few early steps can protect your health and your claim:
Why hire a defective product lawyer in Ontario?
- Multiple responsible parties (manufacturer, distributor, retailer, repair company)
- Technical evidence and expert opinions
- Corporate insurers and legal teams
- Arguments that the product was “misused” or that warnings were “enough”
- Out-of-pocket expenses
- In fatal cases, potential wrongful death damages for eligible family members
