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Product Liability


Our lawyers work with manufacturers around the world to identify and mitigate business and legal risk in Canada and elsewhere. We make it our business to understand your industry, your business, and the particular commercial, regulatory, insurance and litigation risks you face. We can help you manufacture and sell your products in Canada and around the world safely, predictably and profitably. Through our expertise in crisis management, recalls and regulatory compliance, we can guide you through times of uncertainty. Where litigation arises, our litigators are skilled and experienced in providing robust and strategic defences to manufacturers and their insurers in a broad range of disputes including product liability, mass tort, commercial and class action claims.
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Overview

Enterprise risk management requires a holistic and 360 degree evaluation of your business. What are your business and legal risks? What is the exposure posed? How best can risk and exposure be reduced and managed? What should you do in time of crisis and litigation? How should you defend your product and your reputation against plaintiffs’ claims?  We can answer these questions for you.

 

Our lawyers work with manufacturers around the world to identify and mitigate business and legal risk in Canada and elsewhere.  We make it our business to understand your industry, your business, and the particular commercial, regulatory, insurance and litigation risks you face. We can help you manufacture and sell your products in Canada and around the world safely, predictably and profitably. Through our expertise in crisis management, recalls and regulatory compliance, we can guide you through times of uncertainty. Where litigation arises, our litigators are skilled and experienced in providing robust and strategic defences to manufacturers and their insurers in a broad range of disputes including product liability, mass tort, commercial and class action claims.

 

Our lawyers act for manufacturers and their insurers in all major industries including the automotive, aerospace, chemicals, children’s products, construction, drugs and medical devices, food and agribusiness industries, hand-powered tools, home electronics, recreational products and sports equipment. We regularly act for all levels of the supply chain, including raw material suppliers, components manufacturers, original equipment manufacturers, distributors and sellers. If a product is built or sold in Canada, we understand the commercial, regulatory, insurance and litigation risk environment surrounding it. We provide our clients with market-leading legal advice and guidance at competitive cost because Fasken has a critical mass of product liability and class action lawyers in each major business region of Canada.  We know the applicable laws and regulators governing your sector and your products. We know how the courts in each region of Canada will approach disputes and claims relating to products and manufacturers. Our balanced experience and expertise in both regulation and litigation relating to manufacturers is unrivalled. 

 

Browse some of the recent product liability matters we have been involved with or contact any of our lawyers to learn more.

Achievements

Team

Client Work

  • Settlement of a $1.7 million claim for hidden defects in garage doors,
  • Claim for alleged defects against a bearing manufacturer, Ongoing since June 2020
  • Representing Allergan in class actions and mass tort individual lawsuits relating to breast implants, Ongoing since January 2020
  • Representing Sandoz in a putative class action relating to the heart burn drug Ranitidine, Ongoing since January 2020
  • Representing Sandoz in a putative class action relating to the hyper-tension drug Valsartan, Ongoing since July 2018
  • Representing Fiat Chrysler Automobiles in numerous national class action proceedings, including the diesel fuel emission systems in two models of FCA vehicles, Ongoing since January 2017
  • American Brands S.A. et Grupo Polymer S.A. c. Capmatic Ltd.,
  • Representing Novartis Pharmaceuticals in a putative national class action relating to the drug Zofran, Ongoing since November 2015
  • Representing BMW in the Takata airbags class action, Ongoing since January 2015

Knowledge

Fasken Institute

News

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