GLIMPSE
In Quebec, the production and marketing of goods is governed by laws, including the Civil Code of Quebec and the Consumer Protection Act. Under these rules, manufacturers, suppliers and traders have a legal obligation to ensure that products are safe when used in accordance with their normal intended purpose.
Unfortunately, these standards are not always met. Every year, thousands of consumers suffer harm caused by defective or unsafe products. Victims have the right to sue for compensation when a product causes them damage.
Professionalism
Accompaniment
Devotion
Determination
Cheer up
Confidence
experience
Reactivity
Legal representation
Civil law
Consultation
Advocacy
Effective advocacy
Regulation
Civil liability
Judicial recourse
What is product liability?
Product liability (or “product liability”) aims to hold a manufacturer or trader responsible for putting a defective or unsafe product on the market. The consumer is protected against products that present an abnormal danger. Manufacturers have an obligation to design, test and inspect their products. Distributors and traders, on the other hand, must carry out reasonable checks before sale.
Types of defects in hazardous products
Product liability claims generally fall into three broad categories:
Design flaw
The product, even when used correctly, presents a hazard due to its very design. This includes, for example, drugs or medical devices that cause more harm than benefit.
Failure to warn (breach of duty to inform)
Liability may arise when a manufacturer fails to provide adequate instructions or warnings about hazards. For example, a toy manufacturer must warn of the risks for certain age groups.
Manufacturing defect
Occurs when the final product does not meet design specifications. This can affect a single item (e.g., foreign object in a can), or an entire series (e.g., defect in tires causing them to burst at high speed).
Our interventions
Manufacturers know that even the most stringent safety companies can face major product liability claims. ABG & CJ assists its clients in the preventive and contentious management of such cases.
We operate in the food and beverage sector by offering advice on labeling, advertising and regulatory compliance, product recall management, crisis communication strategy, and commercial dispute resolution.
In private aeronautics, we intervene in claims for product liability, bodily injury, legal warranty, product recall and property damage.
In the medical products and life sciences industry, we act to represent manufacturers, designers, suppliers and distributors against allegations of personal injury or death resulting from medical devices.
We also act for clients in the design and manufacture of sports equipment, automotive and off-road vehicles, construction equipment, building materials, equipment manufacturers in the oil and gas industry, firearms and industrial machinery.
Devotion
Determination
Cheer up
Devotion
Determination
Cheer up
Devotion
Determination
Cheer up
PROFESSIONAL ACTS
Legal management
Dispute prevention and resolution
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed non risus. Suspendisse lectus tortor, dignissim sit amet, adipiscing nec, ultricies sed, dolor. Cras elementum ultrices diam. Maecenas ligula massa, varius a, semper congue, euismod non, mi. Proin porttitor, orci nec nonummy molestie, enim est eleifend mi, non fermentum diam nisl sit amet erat. Duis semper. Duis arcu massa, scelerisque vitae, consequat in, pretium a, enim. Pellentesque congue.
Risk analysis, review and negotiation
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed non risus. Suspendisse lectus tortor, dignissim sit amet, adipiscing nec, ultricies sed, dolor. Cras elementum ultrices diam. Maecenas ligula massa, varius a, semper congue, euismod non, mi. Proin porttitor, orci nec nonummy molestie, enim est eleifend mi, non fermentum diam nisl sit amet erat. Duis semper. Duis arcu massa, scelerisque vitae, consequat in, pretium a, enim. Pellentesque congue.
Underwriting of risks
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed non risus. Suspendisse lectus tortor, dignissim sit amet, adipiscing nec, ultricies sed, dolor. Cras elementum ultrices diam. Maecenas ligula massa, varius a, semper congue, euismod non, mi. Proin porttitor, orci nec nonummy molestie, enim est eleifend mi, non fermentum diam nisl sit amet erat. Duis semper. Duis arcu massa, scelerisque vitae, consequat in, pretium a, enim. Pellentesque congue.
Insurance Policy Translation
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed non risus. Suspendisse lectus tortor, dignissim sit amet, adipiscing nec, ultricies sed, dolor. Cras elementum ultrices diam. Maecenas ligula massa, varius a, semper congue, euismod non, mi. Proin porttitor, orci nec nonummy molestie, enim est eleifend mi, non fermentum diam nisl sit amet erat. Duis semper. Duis arcu massa, scelerisque vitae, consequat in, pretium a, enim. Pellentesque congue.
SECTORS OF ECONOMIC ACTIVITY
Food
- Contaminated or mislabelled food products.
- Defective packaging or packaging that does not comply with health standards.
- Recalled processed or frozen food products.
Wholesale and retail trade
- Distribution of non-compliant or dangerous products.
- Disputes between manufacturers and distributors over product traceability.
- Failure to comply with consumer information obligations.
Construction and infrastructure
- Defects in building materials.
- Faulty components integrated into buildings or public works.
- Loopholes leading to cascading appeals.
Energy and natural resources
- Defective drilling equipment, piping, pumps or turbines.
- Liability related to industrial equipment used in mines or pipelines.
- Spills caused by technical failure.
Environment
- Pollution related to a poorly formulated chemical.
- Non-recyclable or contaminated construction or packaging materials.
- Liability related to asbestos or hydrocarbon-based products.
Real estate
- Building components (doors, windows, cladding) with defects.
- Disputes over energy performance or green materials.
- Manufacturing failures of prefabricated elements for real estate projects.
Manufacturer
- Manufacturing defects in metal, plastic, or electronic products.
- Design or assembly in production lines.
- Management of security-related complaints.
Technology
- Faulty electronic equipment or software.
- Design flaws causing critical interruptions.
- Claims related to cybersecurity or surveillance incidents.
Transport
- Non-conforming motor vehicles or parts.
- Mechanical failures causing accidents.
- Liability for products shipped in sea or air transport.