Product Liability Lawyers in Ontario
A product you trusted — a vehicle part, an appliance, a power tool, a medical device, or a medication — can cause devastating injury when it is defective or dangerous. Azimi Law and Naimark Law Firm are Ontario trial lawyers who pursue manufacturers, distributors, and retailers in negligence when their products harm the people who use them.
When a Defective Product Causes Serious Harm
Every product we bring into our lives carries an unspoken promise that it is safe to use as intended. When that promise is broken — a tire fails at highway speed, a space heater ignites, a machine guard is missing, a drug carries a hidden risk — the consequences can be catastrophic. Product liability law allows the people injured by these failures to seek compensation from the companies that designed, made, or sold them.
It is important to understand how Canadian law works here, because it differs from the system many people have seen in American headlines. Canada does not apply U.S.-style strict product liability. To succeed, an injured person must prove negligence — that the manufacturer, distributor, or retailer failed to meet the standard of care a reasonable company would have met, and that this failure caused the injury. That is a demanding burden, and it is why these cases require lawyers who know how to build them with engineering and expert evidence.
Ryan Naimark spent roughly two decades defending the insurers and corporations that stand on the other side of these claims. He understands how a manufacturer will dispute the defect, blame the user, and resist disclosure. Together with Ben Azimi's trial advocacy, that insider perspective now serves the injured consumer, allowing us to anticipate the defence and assemble the proof that overcomes it.
Product cases also have a feature that makes early action essential: the evidence is the product itself. Once a defective item is repaired, discarded, or returned, the central proof in the case can be lost. Preserving the product exactly as it was after the injury — and acting before a deadline runs — is often the single most important step in protecting the claim. The first call you make to a lawyer should come quickly.
No Win. No Fee. Legal fees are a percentage of your recovery. The firm funds the disbursements needed to build your case. If there is no recovery, you owe nothing for legal fees.
Types of Product Liability Cases We Handle
Defective products take many forms, and the kind of defect determines how the claim must be proven. Canadian product claims generally rest on one of three theories of negligence, alongside contract remedies.
Manufacturing Defects
The product was designed safely but something went wrong in production, so the item that injured you departed from its intended specifications. A cracked weld, a contaminated batch, or a missing component can make a single unit dangerous.
Design Defects
The flaw is built into the product itself, making every unit unsafe even when made exactly as intended. We use engineering evidence to show a safer, reasonable alternative design was available and should have been used.
Failure to Warn
A product can be dangerous if the maker fails to warn users of a risk or to give adequate instructions for safe use. The duty to warn can continue even after the sale when a hazard later becomes known.
Defective Vehicles & Parts
Tire failures, brake defects, faulty accelerators, and unsafe components can cause serious crashes. These claims often run alongside a motor vehicle accident claim and require careful preservation of the vehicle and part.
Medical Devices & Drugs
Defective implants, surgical hardware, and medications that carry undisclosed risks can cause lasting harm. These cases frequently involve complex science and well-resourced corporate defendants.
Appliances, Tools & Children's Products
Household appliances that overheat or catch fire, power tools with inadequate guarding, and unsafe toys or children's products can injure the most vulnerable users. Recalls often signal a known defect.
Compensation Available in a Product Liability Claim
A successful product claim can recover damages under several heads. We pursue every category your injuries support against each responsible party in the chain.
Pain & Suffering
Non-pecuniary damages for the physical pain, disfigurement, and loss of enjoyment of life caused by an injury from a defective product, including burns, amputations, and permanent impairment.
Income & Earning Loss
Past income lost during recovery and the value of future earnings or earning capacity reduced because a defective product left you unable to return to your work as before.
Medical & Rehabilitation
The cost of surgery, hospitalization, physiotherapy, assistive devices, and rehabilitation needed to treat the injury the product caused, now and into the future.
Future Care Costs
For serious or permanent injuries, the projected lifetime cost of care, equipment, and support — frequently the largest component of a catastrophic product injury claim.
Out-of-Pocket Expenses
Reimbursement for the many costs an injury creates, from travel for treatment and prescriptions to home and vehicle modifications and replacement of damaged property.
Family Law Act Claims
Spouses, children, parents, grandparents, and siblings may claim for loss of your care, guidance, and companionship, and for the value of services they provide during your recovery.
The Legal Process & Critical Deadlines
Product cases turn on evidence and timing. The choices made in the first days — especially what happens to the product — can decide the outcome.
Get Medical Care & Document the Injury
Your health comes first. Prompt and consistent treatment also creates the medical record needed to prove how the defective product injured you.
Preserve the Product & the Evidence
Do not repair, return, discard, or alter the product. Keep it exactly as it was, along with packaging, manuals, receipts, and any recall notices. The product itself is usually the most important evidence in the case.
Photograph & Record the Details
Photograph the product, the defect, and your injuries, and note the make, model, serial or lot number, and where and when you bought it. We use these details to trace responsibility through the supply chain.
Identify Every Responsible Party
Liability can fall on the manufacturer, the distributor, and the retailer. We investigate the chain of supply, retain engineering and other experts, and consider Sale of Goods Act and contract remedies alongside the negligence claim.
Negotiate From Strength — or Go to Trial
We pursue full settlement while preparing the file for court against well-resourced corporate defendants. That trial readiness is what moves a manufacturer to pay fairly.
Two-year limitation — and preserve the product. Most product claims in Ontario must be commenced within two years of when the claim was discovered under the Limitations Act, 2002. Remember that Canada requires proof of negligence; there is no U.S.-style strict liability here. Because the product is the key evidence, do not discard or repair it — call before it is lost.
Why Injured Consumers Choose Azimi Law & Naimark Law Firm
We Know How Manufacturers Defend
Ryan Naimark spent 20 years defending corporations and their insurers. That insider knowledge now shapes how we anticipate the defence and build every product claim.
We Are Trial Lawyers
We prepare each file for the courtroom, not just settlement talks. Against well-funded corporate defendants, that readiness is what produces a fair result.
Two Firms, Combined Depth
Azimi Law and Naimark Law Firm work together so your case has the resources, expert relationships, and bench strength of two established Ontario practices.
No Win, No Fee
You pay nothing up front and nothing for legal fees unless we recover for you. We fund the cost of the experts and disbursements these cases require.
Frequently Asked Questions
Does Canada have strict liability for defective products like the United States?+
No. This is a key difference. Canada does not apply U.S.-style strict product liability. To succeed in Ontario, you must prove negligence — that the manufacturer, distributor, or retailer failed to meet the standard of care of a reasonable company and that this failure caused your injury. Building that proof usually requires engineering and other expert evidence, which is central to how we approach these cases.
What are the three ways a product can be defective?+
Product claims generally rest on one of three theories: a manufacturing defect, where the item departed from its intended design; a design defect, where the design itself is unsafe even when made correctly; or a failure to warn, where the maker did not provide adequate warnings or instructions. Many cases involve more than one theory, and contract or Sale of Goods Act remedies may also apply.
Why is it so important to keep the product?+
The product is usually the single most important piece of evidence. Once it is repaired, returned, discarded, or altered, experts may be unable to examine the defect that caused your injury, which can seriously weaken or end a claim. Keep the product exactly as it was, along with its packaging, manual, and receipt, and contact us before doing anything with it.
Who can I sue when a product injures me?+
Liability can extend along the chain of supply — the manufacturer that made the product, the distributor that supplied it, and the retailer that sold it, depending on the facts. We investigate each link in that chain to identify every party whose negligence contributed to your injury and to ensure your claim reaches those responsible.
The product was recalled. Does that prove my case?+
A recall can be powerful evidence that a defect existed and was known, but on its own it does not automatically prove your claim. You must still establish that the defect caused your specific injury and connect it to a responsible party. We use recall notices and the underlying information as part of a broader evidentiary case built with experts.
How long do I have to bring a product liability claim?+
The general limitation period in Ontario is two years from when the claim was discovered under the Limitations Act, 2002. Because some product injuries take time to connect to a defect, the discovery date can matter, but you should never assume there is time to spare. Preserving the product and contacting a lawyer early protect both your evidence and your right to claim.
What does it cost to hire you?+
Nothing up front. We work on a contingency fee basis, which means our legal fee is a percentage of what we recover for you, and the firm funds the disbursements and expert costs required to advance your case. If there is no recovery, you owe no legal fees. We explain the agreement in plain language before you sign anything.
Injured by a Defective Product? Talk to a Trial Lawyer.
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