Product liability claims are different from a standard personal injury claim because the specific test to substantiate a claim differs slightly. In most claims, a plaintiff personal injury lawyer is not required to prove that the manufacturer was negligent in the action that created the injury, as product manufacturers are held to strict liability when they put their wares on the market. Even if the manufacturer was not aware of the defect in the product, they are still liable for the products they sell in terms of consumer protection. That is why we see directions for use on all products that are intended to communicate a potential danger to the customer when the product is not used as directed. Claims of improper use are common when a manufacturer is defending a personal injury case, as personal assumption of risk is how comparative negligence is addressed in a product liability filing. Even though proving negligence is not a requirement, a product liability injury case can still be a challenging legal process.
The product must be proven defective
Products can be proven to be defective in a variety of ways. Instead of focusing on negligence in the case, your personal injury lawyer Toronto will focus on the operational ability of the product. This means that there will be evidence indicating how the product is designed to work properly, and then there will be evidence that shows the product did not operate as intended, resulting in the injury. Sometimes products fail to function as designed for a specific purpose, while others malfunction instead of operate properly. Your attorney must prove this defect. This can also be accomplished through manufacturing documentation or the fact that there may have been other legal claims for the same defect. This is especially applicable when the product is already on a recall list.
Your attorney must prove you were injured directly due to the product malfunction
You will need medical evidence that medical treatment was required in a timely immediately following the injury, so it is vital to your claim that you seek medical attention immediately. The medical report will include a diagnosis and a prognosis for how long the injury will last, plus information concerning how much damage was done due to the product. In addition, some injuries result in long-term medical problems that can be identified with medical documentation as well when a doctor issues an opinion. Doctors are considered expert witnesses by the court, but the defendant can also request a second counter opinion. It is very important to attend all scheduled medical appointments.
Always get an experienced personal injury lawyer
Product liability claims are always defended strongly unless the product has a known history of functional problems or dangerous conditions. Vehicle parts are a prime example of products that are commonly found on a recall list. But, isolated injury cases can be complicated when your legal counsel attempts to connect use of the product to the injury while the defense is using every legal angle at their disposal to at least lessen the amount of a settlement. Always get an aggressive lawyer who understands how product liability cases should be handled.