Mourant

IBA Annual Conference Toronto 2025

2 Nov - 7 Nov 2025

Session information

Tipping the scales – balancing consumer and producer interests in product liability claims

Wednesday 5 November (1115 - 1230)

Committee(s)

Product Law and Advertising Committee (Lead)
Litigation Committee

Description

Consumer claims are becoming more prevalent. Access to justice and the growing recognition of consumer rights are one factor behind this. At the same time governments in many countries are trying to stimulate growth through encouraging enterprise and innovation. Producers can be caught between balancing these competing risks and opportunities. Are we achieving an appropriate balance of risk as between consumers and producers? Should producers accept greater risk of product claims? How will that impact innovation? Is it becoming easier for consumers to bring and prove their claims? European Union (EU) moves in this area include a change of approach to presumptions of defect and a shift in the evidential burden for consumers. Is this fair? This session will take a cross-jurisdictional perspective on these questions, looking at the status quo and what is on the horizon for consumer product liability claims across the globe.