Product Liability Lawyers

A heater catches fire, a toy breaks into small pieces, or a new appliance simply stops working. When a product hurts someone or fails, the first question is who is responsible. A product liability lawyer can tell you whether you may have a claim against the manufacturer, the distributor or the seller, which route fits your situation, and what evidence you need to keep. On this page you can see who handles product liability and defective product claims on JustiConnect, check rates and availability, and book a consultation online.

Product liability is one part of civil law. For contracts, property damage and other private disputes, see our page on civil lawyers.

What a product liability lawyer does

Whether you were injured or are a business facing a claim, a lawyer can:

• Assess the claim: whether the product had a defect, what harm it caused and who in the chain may be responsible.
• Protect the evidence: make sure the product is kept in its current state and, where needed, examined by an independent expert.
• Choose the right route: a claim under the Civil Code, a claim under consumer protection rules, joining a class action, or a mix.
• Negotiate or go to court: send a formal demand, discuss a settlement and represent you at trial if needed.

Common defective product claims

• Household products and appliances: heaters, batteries, chargers or kitchen appliances that overheat, burn or explode.
• Vehicles and parts: brakes, airbags, tires or child car seats with a manufacturing or design problem.
• Children's products: toys, cribs, strollers or other items with choking, strangulation or tipping hazards.
• Medications and medical devices: a drug or implant with side effects or risks that were not properly disclosed.
• Food, cosmetics and equipment: contamination or an undeclared allergen, or tools and gear that fail in normal use.

Manufacturer liability under the Civil Code of Québec

In Quebec, product liability rests mainly on the Civil Code of Québec. A manufacturer can be held liable for injury caused by a safety defect in its product, meaning the product does not offer the safety a person is normally entitled to expect. That can come from its design or manufacture, or from missing or inadequate warnings and instructions.

Liability is not limited to the brand on the box. Depending on the facts, the distributor, importer and supplier of the product can also be responsible. The law also provides defences, for example when the victim knew about the defect, or when it could not be detected given the state of knowledge at the time.

Injury from a defective product or a product that does not work

These are two different problems, and the route depends on which one you have:

• The product caused harm: an injury, illness, fire or damage to other property. This is a safety defect, and the claim usually targets the manufacturer and others in the chain.
• The product simply does not work: it broke down early, does not do what it should or does not last. This is mainly a question of quality, and the usual remedy is a repair, a replacement, a price reduction or cancelling the sale.

Consumer rights and the legal warranty of quality

If you bought the product as a consumer, the Consumer Protection Act adds protection on top of the Civil Code. Under the legal warranty, a product must be fit for its intended use and last a reasonable time given its price and use. As a consumer, you may be able to claim against the merchant, the manufacturer, or both. The Office de la protection du consommateur explains these rights, and our page on consumer protection lawyers covers other consumer disputes.

Product recalls in Canada

Recalls are managed by federal authorities: Health Canada for many consumer products, drugs and health products, and Transport Canada for vehicles, tires and child car seats, among others. You can search current notices on the Government of Canada recalls and safety alerts site.

A recall can support a claim, but it does not guarantee compensation, and a product that was never recalled can still be defective. If your product is recalled, follow the instructions in the notice, but keep the product until you get advice.

Class actions in Quebec

When many people are affected by the same product, a class action may apply. In Quebec, a class action must first be authorized by the Superior Court before it goes ahead, and people who fit the class description are generally included unless they opt out. A lawyer can check whether you are covered and whether an individual claim would serve you better.

Evidence to keep

• The product itself: do not throw it away, repair it or send it back without advice. Keep the packaging and manual.
• Proof of purchase: receipts, invoices, order confirmations and warranty documents.
• Photos and videos: of the product, the damage, the scene and any injuries, taken as early as possible.
• Medical records: emergency visits, medical notes, prescriptions and follow-up care.
• Communications: messages with the seller, manufacturer or insurer, and any recall notice.

For businesses facing a product claim

Manufacturers, importers, distributors and retailers can also need legal help. A lawyer can assess the claim and available defences, notify your insurer, look at recourse against your own suppliers, and help you respond to a recall or a class action.

When to get a lawyer

• You or a family member was injured by a product.
• A product caused a fire, a flood or other damage to your property.
• The seller or manufacturer refuses to repair, replace or refund a defective product.
• Your business received a demand letter or a claim about a product it made or sold.

Prescription deadlines for these claims are strict, and when the delay starts can be debated. Do not wait to get advice.

Preparing for your consultation

Write a short timeline: when and where you bought the product, how you used it, what happened and what you did next. Bring the documents listed above and a list of your losses, such as lost income, care costs or damaged property. Ask how the lawyer charges and whether an expert report will be needed.

Book a consultation on JustiConnect

Check who is listed below, look at their experience, rates and availability, and book a consultation directly. You can also use the product liability lawyer search, see who is listed for Montreal, or read our guide on how to choose a lawyer in Quebec.

Frequently asked questions

Who can I sue for a defective product in Quebec?

Depending on the facts, the manufacturer, the distributor, the importer or supplier, and the merchant who sold it to you. A lawyer can help identify everyone in the chain who may be responsible.

Do I have to prove the manufacturer was careless?

Not always. For a safety defect, the focus is on whether the product was defective and caused the harm. Proving that link is still essential, often with an expert.

Should I join a class action or claim on my own?

It depends on your losses and the case. A class action may apply when many people are affected; an individual claim may make more sense for a serious injury. A lawyer can compare both for you.