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Published: November 16, 2017 | Last Reviewed: January 27, 2026
When a product is purchased, the consumer hopes that it will not harm or hurt them in any way. Often times, individuals do not even think about the dangerous consequences a product may bring. However, this is not always the case and in some instances, the product or products may be defective and can cause injuries that range from minor to severe.
When products are found to be defective in Canada, there are many types of legislature that can protect the consumers. These include the Canada Consumer Product Safety Act, the Sale of Goods Act, and the Consumer Protection Act. These Acts provide consumers a way to file a lawsuit to claim compensation when they have been injured by a defective product.
Due to the complexity of the laws, however, it is best that consumers speak to an Oshawa defective products lawyer who can help them with their claim. Our Oshawa injury lawyers will work hard to protect their clients’ rights and get them the compensation they deserve.
Types Of Defective Product Liability Claims
Unfortunately, any type of product has the potential to be defective and cause harm to individuals. But when it comes time to make an Oshawa defective products claim, they will fall into one of three categories: defective design, defective manufacturing, or failure to warn.
Defective Design Claims
Products that are defective in design have defects that occurred before the product was ever actually created. In other words, the defect was part of the design or the planning of the product. For instance, if the defective product was a child’s jacket that posed a choking hazard due to an improperly placed drawstring, this could be a design defect.
Typically, in these cases, consumers must be able to prove that the manufacturer or company could have used a safer alternative for consumers. This can be more difficult than it sounds, which is why it is important for individuals to speak to a defective products lawyer in Oshawa when filing a claim.
Defective Manufacturing Claims
A defect in the manufacturing process means that a mistake or error was made while the product was actually being created. These types of claims are rare, and typically, manufacturers do not even know about them until an accident occurs.
One of the biggest cases of a manufacturing defect in Canada was in the case of faulty ignition switches manufactured by G.M. Motors. While G.M. eventually issued a recall for the affected models, it was not until years later when many accidents had already occurred.
Failure To Warn
Many products come with handbooks and booklets that instruct consumers on how to properly use their products and warn them of any associated risks. While many consumers often toss these booklets away without a second thought, the reason they are included is so manufacturers can protect themselves.
This is because when a manufacturer knows their products can pose a risk, they have a duty to instruct consumers of those dangers. When they fail to do so, they can be held liable for any injuries.
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Consulting With A Defective Products Lawyer
Taking large companies to court is not easy, as they often have equally large legal teams that are prepared to spare no cost in defending their clients. Because of this, it is important that consumers who feel they have been injured by a defective product hire an Oshawa defective products lawyer who can help them with their claim.
Co-Authored by Jeffrey A. Preszler
Personal Injury Lawyer
Partner Jeffrey Preszler’s practice focuses on personal injury claims, including motor vehicle accident claims, slip and fall claims, long-term disability claims, and institutional abuse claims.
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More defective product Video Resources
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