Law Society of Ontario (LSO) Paralegal Practice Exam

Which of the following is a defense to tort product liability?

1. The injury was a result of unforeseen circumstances

2. Defendant did not owe a duty of care

3. The product was not available on the market

4. The plaintiff was aware of risks associated with the product

The correct answer is: Defendant did not owe a duty of care

A defense to tort product liability centers around the concept of duty of care, which is a key component in establishing liability. In product liability cases, the plaintiff must demonstrate that the defendant had a duty to ensure that the product was safe for use. If the defendant can show that they did not owe such a duty to the plaintiff—perhaps because the plaintiff was not a foreseeable user of the product or because the product was not one that the defendant manufactured or sold—this can absolve the defendant from liability. Understanding duty of care is crucial because it highlights the extent of the manufacturer's or seller's responsibility towards consumers. In this context, if the defendant did not exercise control over the product or was not part of the supply chain relevant to the plaintiff, the obligation to ensure safety may not apply. Other options discuss scenarios that might mitigate liability or present factors influencing the case but do not represent clear defenses against claims of product liability in the same way that the absence of a duty of care does. The notion that a plaintiff was aware of risks or that unforeseen circumstances contributed to the injury does not negate the fundamental duty of care that a manufacturer or seller owes to users of their products.