Transvaginal Mesh – Product Liability Paper
Featured in The Litigator – March 2015
In Ontario, product liability is governed by the International Sale of Goods Act, Sale of Goods Act and the Consumer Protection Act. While each is unique in their applicability to varying scenarios, the common philosophy of these statutes is the principle that the product must be fit for their ordinary use or particular purpose.
In tort law, liability within the realm of product liability is determined by evaluating reasonable care in the circumstances of a particular product. The standard of care is dependent upon various factors such as the product in issue, the foreseeable risks and where the party is in the distribution chain.