Defective Product Injury
What is a product liability claim?
Typically, product liability claims arise when a person has been harmed by a defective product. But it is not only faulty testing or naturally dangerous product design that leads to product liability damage award claims. Other common reasons for injury claims against defective products are:
- A company that refuses to recall a product which it knows is defective
- Contamination in manufacturing
- Failure to display a necessary warning on a productFailure to display a necessary warning on a product

Importantly, manufacturers can't escape responsibility just because a product comes with terms and conditions or a contract that exonerates them of all blame for injuries or any other losses.
There are just so many various kinds of products available from all over the world, so the list of defective products can continue indefinitely. We have dealt with everything from tainted makeup and illicit fungicide-covered couches, to electrical devices that have blown up and burned individuals.
All products must be of reasonable quality, reasonably fit their purpose and description. If you or a member of your family has been injured by a faulty product, you must contact us to discuss seeking a product liability compensation claim.
Examples of faulty product injuries
Defective products may injure consumers, but also at work and cause injury. That is why the UK has so many strict safety laws because not being able to keep people safe can cause:
Electrocution: defective equipment, e.g., equipment at work, can cause electric shocks, numbness, weakness or even death.
Burns: defective consumer goods such as phone chargers can overheat and burn, causing burns.
Side effects of medication: consumer medications that are not adequately tested can cause allergic reactions and other adverse physical side effects.
Surgical errors: faulty equipment can result in surgical errors such as blindness during laser eye surgery, or internal damage such as faulty hip replacements or poorly made cosmetic implants.
Road traffic accidents: poorly made car parts, such as faulty brakes, may lead to road traffic accidents which could cause trauma, broken bones, brain damage and even death.
However minor or serious your injury, our expert defective product solicitors are here to help with a no win, no fee compensation claim.
Your Rights Under Canadian Law
In Canada:
- The Canada Consumer Product Safety Act prohibits the sale of consumer goods that pose a danger to health or safety. Health Canada can recall or ban products that don’t meet safety standards.
- Provincial Sale of Goods Acts (such as Ontario’s) require that products sold be of merchantable quality, fit for their intended use, and match their description.
- Canadian courts recognize the principle of duty of care, meaning companies must take reasonable steps to prevent harm from their products.
What Kind of Compensation Could You Receive?
There’s no fixed amount for product liability compensation in Canada, as every case is unique. Courts generally consider:
- Severity of the injury
- Cost of medical treatment and rehabilitation
- Loss of income and future earning potential
- Pain and suffering
- Impact on your quality of life
Here are some general examples based on Canadian court awards:
- Minor injuries (cuts, rashes, mild burns): $5,000–$20,000
- Moderate injuries (second-degree burns, broken bones): $20,000–$75,000
- Severe injuries (disfigurement, permanent disability): $100,000–$300,000+
- Psychological trauma: Additional amounts may apply if emotional distress or PTSD is proven
Compensation also includes special damages for out-of-pocket costs like medical bills, therapy, or prescription drugs.
How to claim for a defective product
To make a claim for a faulty product, ring Express Solicitors as soon as you are feeling well enough. We normally suggest you ring immediately so that we can gather adequate evidence. If you have been harmed by an faulty product, you should let the shop know. But do retain the product instead of taking it back if you can – it could prove to be valuable evidence for your claim for damages.
To best enable you to win your claim, we will have to obtain evidence, including:
- Photographs or CCTV
- Witness statements
- Medical records or police statements where applicable
- Receipts, for example, medical treatment or travel
- Work accident records
- Details of any financial loss such as time lost at work.
It may help your case as well if you report the defective product. We can use any record you’ve got from this to support your case.
Once we have all of the evidence, we’ll issue a letter of claim to the product manufacturer’s insurer. Meanwhile, we’ll determine a figure to settle on with your injury, your financial loss, and how your life is impacted in the long term. If the insurer accepts liability, you’ll get your compensation less our fee.
If they will not accept fault, we can pursue your case further. It is highly unlikely your case will come to court, and we will keep you updated at every stage. We work on a no win, no fee basis, so you’ll only be charged our fees if we succeed.
How long do I have to make a claim for defective products?
You generally have three years from the date of your injury to make a defective product claim. However, if the product is recalled, this may be extended.
You can claim for up to three years after the product was discovered to be faulty – so this may be longer than the three years since your injury.
We generally advise you to claim immediately so that we can obtain the best evidence.
No Win, No Fee Solicitors for Defective Product Claims
Since we offer all our personal injury services on a no-win, no-fee basis with open disclosure on all fees, you will not have to worry about your budget.
Product liability compensation cannot turn back the clock but it can help pay for your treatment, recovery, and for any damages or alterations that you will have to make on your property.
With our lawyers representing you, you are able to reclaim as much of your life as is possible.
We have the desire to deliver the compensation you deserve and to stand by you during your court appearance.