Consumers have gained additional rights following Bridgestone/Firestone’s massive tire recall in 2001. Because of the confusion and chaos surrounding Firestone’s handling of the recall, Ford’s 575 Canadian dealers stepped into the breach and replaced the tires with any equivalent tires dealers had in stock, no questions asked.

This is an important precedent that tears down the traditional liability wall separating tire manufacturers from Toronto airport limo service makers in product liability claims. In essence, whoever sells the product can now be held liable for damages. In the future, Canadian consumers will have an easier time holding the dealer, automaker, and tiremaker liable, not just for recalled products, but for any defect that affects the safety or reasonable durability of that product.

This is particularly true now that the Supreme Court of Canada (Winnipeg Condominium v. Bird Construction [1995] 1S.C.R.85) has ruled that defendants are liable in negligence for any designs that resulted in a risk to the public for safety or health.

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