If you have paid for a given product, and have discovered that it contains a dangerous feature, then you might be able to win a product liability claim. Of course, your claim would need to include all of the necessary elements.
The vital element: Proof that the dangerous feature caused you to become injured.
Perhaps you discovered the danger soon enough to avoid any injury. If that were the case, then you would lack the ability to file a product liability claim.
Maybe you spent a great deal of time trying to figure out the instructions, but finally assembled all the parts of the purchased item. If everything worked fine, once you had it assembled, then you could not file a product liability claim. On the other hand, if the assembled product had injured you, then you would have the basis for proceeding with such an action.
Second element: Prove existence of defect
When attempting to prove this element’s contribution to the presented charge, the plaintiff must give the type of defect that has created safety concerns. In other words, the plaintiff must state whether the alleged danger arose from a mistake made by the product’s designer, the manufacturer, or by a marketer or retailer.
Third element: You had been using the product in the way that the manufacturer and the designer had intended for it to be used.
The Personal Injury Lawyer in Waterdown know that the nature of your injury ought to illustrate the way that you had approached utilization of your purchase. If your new electric blanket burned your hand, because you turned the dial up too high, then you would lack a way to offer evidence of the third element.
Suppose you followed the instructions for the dial, and still suffered a burn to your hand. How could you show that you had done what you were supposed to do? If possible, you should try to demonstrate what happened to a judge and jury. Alternately, you would need to have a witness, and perhaps some pictures.
The last of the 4 needed elements: Proof that the named defect was the cause of the plaintiff’s injury.
Of all the elements, this one could often become the most difficult one to prove. Plaintiffs find it is easier to produce the required proof, when using a lawyer. A lawyer’s experience should aid analysis of a client’s medical records. Such an analysis is the best method for proving the existence of the last of all 4 elements.
The medical record should contain information that would indicate exactly what the patient was doing, during the moments that preceded the injury. A good attorney ought to be able to locate such information, within a doctor or clinic’s records.