- Collett v. Reliance Home Comfort | Szilvasy v. Reliance Home Comfort - Hillel David, Mark Mason, ONSC 6928, December 08, 2011
PRODUCTS LIABILITY
Avoiding products liability claims does not happen by chance. Rather, it is accomplished by a commitment to manufacturing quality products and the implementation of processes and procedures to ensure that quality is maintained.
Still, claims can occur. Minimizing exposure to the potentially devastating impact of claims requires the formulation and execution of timely and effective responses. We can assist.
Our Products Liability Group is comprised of lawyers with collective experience in virtually all classes of products and production processes, as well as personal injury and property damage claims.
Possessing the ability to effectively converse and collaborate with a wide array of engineering, medical, accounting, management, and insurance professionals, our lawyers are uniquely positioned to provide a broad range of services to both the insurance industry and product manufacturers in the following areas:
1. Risk Management
To help our clients minimize the chance of claims arising, the Products Liability Group provides advice across a spectrum of management initiatives including:
- quality assurance protocols
- document retention procedures
- product sale documentation (warnings and liability limitations)
- loss and claims management protocols
- evidence preservation procedures
2. Defence and Subrogation
We have a reputation for professionally and aggressively defending our clients against claims, and pursuing subrogation. We are able to bring to bear extensive trial and alternative dispute resolution (ADR) experience to protect the reputation of the manufacturer and the product, and to obtain expeditious resolution of the claim. Whether acting on the defence of large class action proceedings, the pursuit of subrogated recovery in highly technical matters, or resolving claims within modest deductibles, lawyers within our Products Liability Group are committed to working closely with our clients to implement cost-efficient, innovative, and proactive solutions.
3. Coverage
When products liability claims arise, prompt and accurate identification of potential coverage issues can have a dramatic impact on exposure assessment and the formulation of appropriate strategies to minimize loss and achieve timely resolution. We routinely provide advice on complex coverage issues, including:
- identification and analysis of exposures, insurance needs, and coverage options
- development and modification of policy wordings prior to issuance of the policy
- identification and analysis of the appropriate a "trigger" of coverage
- identification and analysis of potentially applicable exclusions
- identification and analysis of overlapping or concurrent coverages
- development of reservations of rights and non-waiver agreements
- Effective Claims Management: The role of the crisis communication strategy by Lorne Honickman, MB Seminar - Effective Claims Management, November 05, 2011
- Product Liability: Jurisdictional Issues In Canada by Mark Mason, The Harmonie Group Conference, Chicago, IL, June 01, 2011
- Product Recall in Canada 2011 by Mark Mason, Jason Rabin, Getting the Deal Through, March 01, 2011
- New Canadian Legislation Alert - CCPSA by Gosia Bawolska, MB News Alert, January 05, 2011
- Product Liability in Canada 2010 by Mark Mason, Laurie Murphy, January 01, 2010
- Tort Liability of a Manufacturer for Defective Components by Gosia Bawolska, Hillel David, Advocates Quarterly Vol 33, August 01, 2007