Expertise

Product Liability

We have represented a number of leading manufacturers facing high-profile product liability claims.  We can confidently state that our Product Liability Team offers unparalleled expertise in the defence of such claims, including class actions and cross-border class actions, and in the coordination of overall defence strategies with our clients' U.S. counsel.

In addition, however, our clients often require our proactive assistance to help avoid such claims entirely, thus minimizing legal costs of litigation and the risk of reputational damage.

In this regard, our advice is timely and all-encompassing, extending to advice in connection with the structure of supply contracts, distribution and indemnity agreements, product manuals, insurance coverage, product testing, labeling and regulatory requirements.

Client Work

View a selection of our mandates in the following categories:

• Health and Pharmaceutical Products
• Industrial Equipment and Industrial Products
• Consumer Products

Health and pharmaceutical products

• Defending a drug company in an action relating to the plaintiff's numerous alleged medical problems purportedly related to receiving a hepatitis B vaccine.
• Defending a claim by an individual alleging that he was infected with Hepatitis B from blood products not properly screened for infectious disease and given to him during a heart surgery.
• Defending a drug company in an action relating to alleged medical problems suffered by a plaintiff from his participation in tests on a drug to prevent restenosis.
• Defending a drug company in an action relating to alleged injuries suffered by a plaintiff as a result of taking a smoking cessation drug.
• Defending a product liability class action relating to a vaccine manufactured and sold by our client.
• Defending numerous product liability class actions and individual claims relating to diet drugs manufactured and sold by our client.
• Defending a restaurant in a lawsuit by a customer who claimed he had contracted Hepatitis B after dining there.
• Defending a pharmaceutical manufacturer in a class action relating to allegations of heart problems associated with a gastrokinetic drug.
• Defending a pharmaceutical company in class action proceedings alleging misrepresentation and negligence in connection with an antidepressant.
• Defending a drug company in an action alleging total bodily hair loss suffered due to taking a smoking cessation medication.
• Defending a drug company against alleged personal injuries pursuant to the use of a drug for the prevention of miscarriage.
• Defending a drug company in an action relating to alleged injuries (pulmonary illness and respiratory problems) suffered as a result of taking an antidepressant drug.

Industrial equipment and industrial products

• Defending the manufacturer of a steel blender for the production of metal powders in regard to claims of faulty design and welding.
• Representing the owner of a windmill park against the manufacturer of the windmills in a lawsuit involving the energy performance of the windmills.
• Representing a manufacturer of sprinkler systems in respect of alleged premature corrosion.
• Representing an asphalt manufacturer in respect of alleged premature wear of an airport runway.
• Counsel to companies with respect to asbestos-related bankruptcy filings in the US and Canada.
• Representing a manufacturer of sprinklers in an action by the owner and tenant of a building and the supplier of components.
• Action on behalf of an industrial plastic bag manufacturer against a manufacturer of defective polymer resins.
• Action on behalf of a women's undergarment manufacturer against the supplier of defective stretch fabric.
• Defending a specialty chemicals and materials company in a Company's Creditors Arrangement Act proceeding involving asbestos-related personal injury and property damage claims.
• Representing two auto parts manufacturers in the defence of a class action based on allegations of manufacturing and design defects of the door closure systems on certain pick-up trucks and SUV's.
• Defending a telecommunications equipment manufacturer in an action alleging defects in a telecommunications switching device.
• Advancing a subrogated claim on behalf of a logging company in respect of an allegedly defective fire suppression system supplied for use in their logging equipment.
• Defending a company producing fire-retardant foam used in air exchange units subject to recall following fires resulting in property damage.
• Defence and settlement of personal injury claims arising from the alleged malfunction of a carnival ride.
• Representing a manufacturer of building materials in a product liability claim based on alleged defects related to industrial equipment.
• Representing the subrogated insurer of a fibreglass manufacturer alleging the destruction of a factory by fire caused by the design defect of a fibreglass gun that turned into a fire gun.
• Defending a cow-milking system distributor in a lawsuit involving the user, the distributor and the manufacturer.

Consumer products

• Defending a proposed class action initiated by various individuals who purchased vacation packages to Cuba from various vacation package retailers.
• Defending a personal injury claim arising out of the alleged failure of a harness distributed by our client.
• Defending a personal injury claim alleging the failure of a roof rack manufactured by our client.
• Representing an automobile manufacturer regarding car manufacturing defects.
• Defending a roofing company in various claims alleging defects and deficiencies with respect to the supply and installation of the roof of various residential buildings and a school.
• Defending a personal injury claim against the distributor of a fermentation vessel which was alleged to be defective.
• Representation of a boat manufacturer with respect to the validity of a conventional warranty provided to purchasers of its products in Quebec.
• Representing a manufacturer of juvenile products in liability suits involving car seats, high chairs and other products.
• Representation in a class action against a tour operator claiming that vacationers became ill as a result of unsanitary conditions at resort hotels.
• Representation in a multi-jurisdictional class action against tour operators claiming that vacationers suffered damages as a result of a water shortage at resort hotels.