4 Legal Guidelines for a Defective Product Lawsuit
Everyone buys products regularly and it is a common assumption that everything you buy is safe to use. It can be confusing and frightening when you become ill or injured and it is determined to be caused by a defective product.
Since this is by no means a frequent occurrence, people who have been victimized by a defective product often do not know what to do in regards to seeking the compensation that they deserve.
The first step in the process should always be seeking the assistance of a personal injury lawyer. There are many ways they help you when pursing a lawsuit due to injuries sustained from a defective product.
1. Can prove negligence
Like most people, you are probably unfamiliar with tort law, the section of the Criminal Code of Canada that deals with compensation for victims that are wronged by others. To be successful in a defective product lawsuit, the onus is on a plaintiff to establish that the manufacturer breached its duty to provide a safe product to you, that you were injured using the item, and damages were sustained as a result.
Any layperson would have significant difficulties proving each of these in a way that satisfies the court and for this reason it is beneficial to hire an attorney. An attorney experienced in product liability will be skilled and knowledgeable in what it takes for your case to be successful and will ensure all of these requirements under the law are met.
Throughout the course of the lawsuit process, insurance companies and attorneys defending the product manufacturer will want to speak to you to gather information and evidence. Because these parties represent the defense, you can imagine that their main objective may be to use anything you say to their advantage. To ensure that you do not give any information that could be construed as incriminating or false, an attorney will deal with insurance companies and other attorneys on your behalf.
These parties usually seek to minimize the amount of compensation owed as much as possible and will typically offer a low amount initially to settle. An experienced product liability attorney can review any offers, determine if it is fair and will cover all of your needs, and can accept or counter-offer if deemed necessary.
3. Gathers evidence
Lawsuits require as much relevant evidence as possible to prove a case and defective product cases are no different. Before moving forward with a defective product lawsuit, it must be established what kind of case you wish to pursue. In negligence cases, it must be proven that the manufacturer was careless and the product was directly responsible for injuries sustained. In a liability case, no intent is required but it must be established that a defect is present and an injury was suffered.
A breach of warranty consists of the manufacturer failing to back a product when any issues occur. Defective product lawsuits can be complicated because they can involve manufacturing defects, design defects, and failures to warn of potential risks.
4. Reviews your case
As mentioned previously, a plaintiff must prove that he or she was injured using the item and damages were sustained as a result. A product liability attorney can review your case including all evidence and advise you regarding which type of case should be pursued. The attorney knows what evidence would be effective in proving your case and if needed pursue information such as affidavits from investigators, medical records, and documentation proving any lost wages due to illness or injury caused by using the defective product.