We all hope that household products will not cause injury to ourselves or loved ones. Unfortunately, it’s not uncommon for consumer products to be defective or even dangerous. If you or someone you know has been injured by a defective or dangerous product, consider speaking with a trusted personal injury lawyer in Oshawa. At Kitchen Simeson Belliveau, we offer a no-pressure complimentary consultation.


Protections are available in both legislation and common law for consumers. These protections include compensation if a manufacturer causes a personal injury through their reckless or negligent actions. Legislative protections include the Canada Consumer Product Safety Act, S.C. 2010, c21 administered by Health Canada, the Sale of Goods Act, R.S.O. 1990, c.S.1, which can provide a cause of action for “breach of implied conditions” and the Consumer Protection Act, 2002, S.O. 2002, c.30 Sched. A, which can give rise to causes of action for “deceptive business practices.” A variety of breaches can be the cause of action including:

  • negligent design;
  • negligent manufacture;
  • failure to warn;
  • failure to test or inspect; and
  • breach of warranty.

The statutes ensure that when a contract is created and a consumer purchases a product from a retailer protections a consumer assumes or expects are in place are codified by law. This creates a mechanism to ensure that certain implied warranties and conditions are enforceable on the basis of the contractual relationship.

Most defective product personal injury claims are, however, based on the law of tort, and most commonly, based on negligence. Tort law requires the claimant to prove that:

  • the defendant owed a duty of care;
  • the defendant fell short of that duty;
  • that failure caused the defect and the relationship is not too remote; and
  • the failure caused you to suffer real harm.

For example, most of us are familiar with the faulty ignition switch in many General Motors (GM) cars produced between 2003-2007 as a factor in collisions that caused personal injuries and deaths. The defendant manufacturer, GM, owed its consumers a duty of care. However, by producing vehicles below the required standards and failing to recall the potentially dangerous makes until 2014, the defendant caused several motor vehicle accidents, injuries and lost lives.

To be successful in a product liability case, you must prove that the manufacturer, designer, distributor or retailer of the product owed a duty of care and fell short of the duty in the way the product was designed, manufactured, transported, stored or sold. The standard of care owed will, of course, depend on the product type, the nature and extent of the risk, and the probability of harm involved in using the product.

You then must prove that the failure caused you to sustain a real injury and suffer harm. You may also need to overcome other defences, such as allegations that you were wholly or partially responsible for the injuries sustained.


Product liability cases are rare as many companies would rather settle out of court than risk the reputational damage and liability of proceeding to trial. What makes these cases so troubling is that it is often everyday products that suffer from manufacturing defects that cause serious harm.

Such was the case in McMorran v. Dominion Stores Ltd., et al, 1977 (“McMorran”). In McMorran, the Plaintiff purchased several glass bottles of soda from the defendant Dominion Stores Limited that were manufactured by the co-defendant Crush International Limited. One of the bottles McMorran purchased had a defective metal cap. When the plaintiff unscrewed it, the cap flew into and seriously injured his right eye. The court found that the defendants were liable for the damages sustained by the plaintiff.


If you or someone you love has been injured by a defective or dangerous product, consider contacting a trusted personal injury lawyer for advice. At Kitchen Simeson Belliveau LLP, we have nearly 35 years of experience assisting those injured by defective or dangerous products.

We know that this is a difficult time for you and your family and we offer complimentary consultations. Contact our Oshawa law firm today to speak to an Oshawa lawyer about your specific case at 905-579-5302.