How To Prove And Win A Defective Product Liability Claim

If a consumer discovers a defect in a product that he or she has attempted to use, the same consumer might decide to file a product liability claim. Still, that consumer’s hopes for proving and winning that claim could be shattered, if the consumer’s hopes have not been backed by a search for information on the elements required in a successful claim.

In order to win a product liability claim, the filer must produce proof of 4 different elements.

The claimant must show that he or she was injured. It is not enough to show that the product almost harmed the user/claimant. The court seeks evidence of the fact that the user/claimant was actually injured. If the product caused the user to suffer a loss, then that gives the claim the same strength as proof that the product’s user sustained an injury.

The claimant must show that the product did indeed have a defect. The ease with which a product’s user can produce that proof depends on the nature of the discovered defect. The nature of a given defect relates to the point in the product-creation process that a mistake was made.

The claimant’s evidence needs to demonstrate that the product’s defect caused the injury sustained by the user/claimant. It is easier to produce such evidence, if the defect was found in a relatively small item. The existence of a defective part in a large object, such as an automobile, can be quite difficult to prove, as per Personal Injury Lawyer in Kitchener.

For instance, someone that has purchased such a car might be able to driver it off the lot and even up and down the streets. That automobile might have to be driven many miles before evidence of the defective part surfaces. Finally, the claimant’s evidence must show that the claimant/user had followed the instructions, regarding how to use the defective product. If there were no instructions, then the product had to be used in the way that a typical consumer would use it.

Sometimes physicians have found a way to cure a particular ailment with a medicine that was designed to cure a different disease. The physicians must present their data to the Health Canada. After studying that data, they have the ability to give an OK to an adaptation of the medicine that was originally designed for a different disease.

If the Health Canada does not have a sufficient amount of data, then it will conduct a trial. The public has seen a display of that process at work. The Health Canada is conducting trials on certain drugs that appear capable of helping to treat a patient that has contracted the infectious diseases. The trial checks the effectiveness of the tested drug.