The Products Liability Practice Group
is comprised of knowledgeable and
experienced products liability lawyers
practicing with the independent affiliated
law firms that comprise the Canadian
Litigation Counsel. Practice Group
members are available to directly
represent Insurers and Product
Manufacturers with respect to all manner
of products liability issues. Where
specifically instructed, Practice Group
members from separate Canadian
Litigation Counsel firms are also available
to work in conjunction with one another
to provide co-ordinated services in respect
of products liability issues with
multi-jurisdictional ramifications.
The services provided by the individual
members of the Canadian Litigation
Counsel Products Liability Practice
Group can be broadly broken down as
follows:
The independent affiliated firms of
Canadian Litigation Counsel are uniquely
positioned to provide Canada-wide legal
assistance with regard to all aspects of
product liability law.
The most effective means by which to
limit the potentially devastating impact of
products liability claims is to avoid them in
the first place. Practice Group members
are available to provide advice and
assistance to Product Manufacturers with
respect to a wide range of risk management
initiatives, including:
- audits of existing risk management systems
- review and development of quality
assurance protocols
- review and development of document
retention procedures
- review and revision of product sale
contracts
- review and development of loss and
claims management protocols
Coverage issues must always be handled
in a careful and timely manner. In
products liability claims, particularly those
arising out of “long-tail exposures”, the
coverage issues are often very complex.
As insurance defence firms, each of the
independent member firms of the
Canadian Litigation Counsel have
considerable experience and expertise in
insurance coverage issues. The members of
the Products Liability Practice Group are
available to provide advice and assistance
with respect to all manner of coverage
issues which impact upon products liability
claims, including:
- analysis of “trigger theories” in the
context of occurrence based coverage
- own product and work performed exclusions
- profession errors and omissions exclusions
- recall (or “sistership”) exclusions
Practice Group members are also
available to provide:
- legal analysis of all the relevant
primary, excess and umbrella policies in force with a view to
determining the coverage available
- analysis of coverage options prior to the
issuance of a policy
- ongoing advice directed to upgrading
existing policy wordings
The members of the Products Liability
Practice Group also have a wealth of
experience in aggressively representing
their respective clients in defence and
subrogation matters.
Each of the individual lawyers in the
Practice Group recognizes the need to
achieve technical proficiency in the design
and manufacture issues relevant to a partic-ular
claim. So too, is there a recognition of
the need in defence matters to work closely
with the Product Manufacturer to defend
the reputation of the product and to control
negotiation and litigation precedents which
may impact upon future claims.
As with any litigation, however, products
liability litigation must be cost effective and
timely. Accordingly, all Practice Group
members are committed to utilizing litigation
practices which are geared towards
proactive measures and innovative solutions.
Where a Product Manufacturer is facing
claims in multiple jurisdictions, it requires
carefully co-ordinated and consistently
implemented defence strategies. When
instructed to do so, Practice Group
members from the independent law firms of
the Canadian Litigation Counsel are able to
work in close collaboration with one
another to provide such co-ordination and
consistency.
In those jurisdictions where there is class
action legislation, Practice Group members
are conversant with all procedural and
substantive issues which impact upon
defending class action claims.
