Almost any person can make a product liability claim. In fact, many adults claim that a given product almost caused them to suffer an injury. Yet adults with such a claim should not expect to win their case against the allegedly negligent person or business. Their Personal Injury Lawyer in Brampton would struggle to show support for such a claim.
Adequate support comes from good evidence. Good evidence offers proof that some aspect of the victim’s situation matches with the legal requirements for proving any charge of product liability.
What are such requirements?
According to the law, the person that is claiming the existence of a defect in a product must prove that he or she was injured by the same product. As mentioned above, it is not enough to say that you were almost injured by that particular item. The court demands proof that you actually got injured and had to see a doctor.
The law requires proof that a defect was present in the product that has become the focus of the lawsuit. A defect can get introduced into a product’s features at one of three different points. The manufacturer could make a mistake. The designer might allow for introduction of a dangerous feature. Alternatively, the marketing department might fail to add a necessary warning or a word of caution.
The law demands proof that the allegedly defective product actually caused the victim’s injury. If the victim had chosen to experiment with using that product in a manner not mentioned by the manufacturer, then that action would prevent presentation by a lawyer of a winning case.
Finally, according to the legal system, the person that has made a product liability claim must show that he or she used the supposedly defective item in the way that it was meant to be used. If the victim had chosen to use it in some other way, that choice should seem reasonable to members of the jury. If jurors fail to view that choice as reasonable, then the injured victim has no case.
In order to satisfy that final requirement, it may be necessary to wade through lots of similar cases. Can evidence be submitted to show that other customers had tried using that particular product in the same way, at one point in time? If such evidence exists, it can be used to offer support for claims of a defective product liability.
How strong is that support? If it possesses a sufficient level of strength, then the person that has introduced the liability claims has a good chance for winning his or her case. As indicated, that case could be made against a manufacturer, a designer or a marketer.