Product Liability

Product liability claims are by nature complex. They may include class proceedings, mass tort litigation, warranty issues, manufacturer’s liability, product design litigation, warnings and recalls.

When faced with a product liability claim, clients will benefit from our proven ability to:

• Provide timely advice to prevent further damage to operations and brand
• Develop a strategy based on extensive experience with all aspects of product liability law
• Simplify a claim to obtain positive results

Lawson Lundell’s Product Liability Group has successfully represented a broad range of local, national and international clients in numerous proceedings. We represent clients before both the courts and administrative panels, such as coroner’s inquiries, industrial accident investigations and workers compensation matters.

We have particular experience acting for major industrial manufacturers, including leading engineering, mining, forest products and railroad companies. Our product experience covers:

• Asbestos products
• Automobiles and other consumer transportation products
• Aviation
• Construction products (including waterproofing and fireproofing)
• Food products
• Forest products (including trusses and other engineered wood products)
• Gasoline dispensing
• Home consumer products
• Industrial equipment
• Marine engines
• Mining
• Pulp and paper
• Railroad propulsion systems
• Steel products (including bolts and fasteners)
• Tobacco
• Tools and heavy equipment, including cranes

Experience

Examples of work done in product liability include:

• Successfully represented as co-counsel the Government of Canada in major tobacco litigation, including a certified class action, and obtained orders striking the claim. (British Columbia v. Imperial Tobacco 2008 BCSC 419)
• Successfully defeated a products liability claim against an electrical manufacturer for the negligent design and manufacture of process logic controllers used in a municipal sanitary lift station
• Successfully represented our client in the first property asbestos damage case in Canada
• Successfully represented a major US manufacturer in a steel clamp failure case involving an industrial accident
• Successfully represented our client in a claim regarding the manufacturing of bicycle components
• Successfully represented our client in a claim involving a defective crane
• Successful representation of a charter airline with respect to a claim relating to a propeller and propeller maintenance
• Representation of a large international manufacturer of hoists in a matter involving an elevator accident
• Representation of major mining company relating to defective boiler claim involving an explosion
• Canadian counsel in a “mega” bankruptcy proceeding in the United States with cross border implications, involving thousands of product liability claims
• Providing ongoing representation of a major European manufacturer of automobiles regarding product liability claims in British Columbia
• Defended a products liability claim involving the design and manufacture of commercial electrical equipment, the claim involved an explosion and fire in a hotel and was dismissed
• Recently acted as Canadian counsel for two major US manufacturers in “mega” asbestos proceedings involving U.S. and Canadian buildings
• Ongoing representation of a major European manufacturer of automobiles with respect to product liability claims in British Columbia
• Succeeded in striking a claim against our clients in an action involving a defective fan in a plywood mill that led to a large fire

Team