Defective product : liability and possible remedies

Published on February 11, 2026

A defective product may lead to significant financial and physical consequences. However, several remedies exist under Quebec law. Thus, it is possible to take legal action against different parties depending on the situation. Our firm can analyze your case and determine the applicable responsibilities in order to protect your rights.

Composants électroniques endommagés dans un atelier, illustrant un bien défectueux.

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An appliance that overheats, an object that breaks prematurely, or a poorly designed product can cause more than a simple inconvenience. Indeed, when a defective product results in an accident or injury, legal questions arise. Thus, it becomes essential to identify the possible responsible parties. Quebec civil liability law provides various remedies for individuals left in such situations.

What is a defective product?

Within the meaning of section 1469 of the Civil Code of Quebec, a product is considered defective when it does not offer the level of safety that one would normally expect, taking into account its intended use. This may result from a design defect, a manufacturing defect, improper preservation, or insufficient warnings. Moreover, misleading presentation may also characterize a defective product. Thus, a defective product may cause bodily injury or property damage to the person who uses it.

For example, a toaster that overheats may cause burns. Likewise, an electrical device may cause a fire.

Who may be held liable?

The Civil Code of Quebec provides that several parties may be held liable for a defective product :

  • The manufacturer may be liable in the event of a safety defect.
  • The distributor or supplier, whether a wholesaler or retailer, even if they did not manufacture it.
  • The custodian of the product may be liable if they had custody of it at the time of the damage.
Thus, liability is not limited to the manufacturer. Indeed, any person who placed the product on the market may be sued. In addition, the person who had custody of the product at the time of the damage may also be targeted.

Are there exceptions?

Yes, certain exceptions exist. Under section 1473 of the Civil Code of Quebec, the manufacturer, distributor, or supplier is not liable if :

  • You knew or should have known about the defect in the product,
  • The defect was impossible to detect at the time of manufacture and the professional was not negligent in fulfilling their duty to inform customers.

What should you do in practice?

In general, certain steps may be useful when damage is caused by a defective product :

  1. Keep the product and all relevant documents (invoice, packaging, warnings);
  2. Document the damage (photos, medical reports);
  3. Identify the parties involved : manufacturer, retailer, distributor;
  4. Consult a lawyer promptly to assess possible remedies and determine how to calculate your damages.
Thus, these steps facilitate the analysis of liability and causation.

Why consult a lawyer?

Disputes involving a defective product may be complex. Indeed, the defect and the link to the damage must be proven. Moreover, identifying the responsible parties may require a thorough analysis.

Thus, a lawyer can help you structure your evidence and calculate your damages. Our firm can assist you in effectively defending your interests and obtaining fair compensation.

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