Personal injury law has two basic requirements. You will have to prove your injury as well as the negligence of the other party irrespective of the type of accident. However, when it comes to proving an injury due to the use of a product defect, matters may not be as simple as it seems. Product liability cases are very complex having several different facets.It is for this reason you will need an expert Personal Injury Lawyer in Cobourg by your side. Moreover, an injury alone may not signify that the manufacturer was at fault and therefore is legally responsible to pay for the damages.
Different factors considered
In fact, the Personal Injury Lawyer in Cobourg has to consider all different ways and perspectives to prove injury was due to the defective product and hold the manufacturer legally liable for that. There are a number of different things that should be taken into consideration as well. This includes how you were using the product, whether or not you had adequate knowledge about the safety and followed the usage instructions and how the product could have malfunctioned. In addition to that when the injury occurred and the seriousness of it is also considered.
The strict liability factor
Since product liability cases can be expensive and involve a number of similar products and different users, the Injury Lawyer in Cobourg is very cautious before a liability is finally determined. If there is a misuse of the product, it is considered a red flag. If a professional person having enough knowledge about the risks involved and still gets injured then the situation will be entirely different.Ideally, the lawyer will focus at the strict liability aspect first which refers to responsibility of the manufacturer for the release of a defective product irrespective of intent or negligence. It means you do not have to prove negligence of the manufacturer.
The negligence factor
You or the Injury Lawyer in Cobourg will need to prove more than the fact that the product was defective to establish the negligence of the manufacturer. Such claims made depending on the negligence factor are starkly different from the strict liability factor. In such cases you will need to prove a few specific things to claim for your damages. You will have to prove that the manufacturer owed a legal duty and breached it due to some specific action or inaction. Also you will have to prove that this breach was the “proximate cause” of the injury and you suffered “actual damages” due to it.
Breach of the warranty
Lastly, the injury lawyer will consider the written warranty that all consumer products carries. Such warranties certify the fitness and perming ability of the appliances over a fixed period of time. Known as an “express warranty,” you can claim for damages for breach of it. However, if a product does not come with such warranty then the attorney will base your case on ‘implied warranty of merchantability’ factor that every product comes with implying that the product is in sellable condition and ready to use safely. To read more Click Here
Different factors considered
In fact, the Personal Injury Lawyer in Cobourg has to consider all different ways and perspectives to prove injury was due to the defective product and hold the manufacturer legally liable for that. There are a number of different things that should be taken into consideration as well. This includes how you were using the product, whether or not you had adequate knowledge about the safety and followed the usage instructions and how the product could have malfunctioned. In addition to that when the injury occurred and the seriousness of it is also considered.
The strict liability factor
Since product liability cases can be expensive and involve a number of similar products and different users, the Injury Lawyer in Cobourg is very cautious before a liability is finally determined. If there is a misuse of the product, it is considered a red flag. If a professional person having enough knowledge about the risks involved and still gets injured then the situation will be entirely different.Ideally, the lawyer will focus at the strict liability aspect first which refers to responsibility of the manufacturer for the release of a defective product irrespective of intent or negligence. It means you do not have to prove negligence of the manufacturer.
The negligence factor
You or the Injury Lawyer in Cobourg will need to prove more than the fact that the product was defective to establish the negligence of the manufacturer. Such claims made depending on the negligence factor are starkly different from the strict liability factor. In such cases you will need to prove a few specific things to claim for your damages. You will have to prove that the manufacturer owed a legal duty and breached it due to some specific action or inaction. Also you will have to prove that this breach was the “proximate cause” of the injury and you suffered “actual damages” due to it.
Breach of the warranty
Lastly, the injury lawyer will consider the written warranty that all consumer products carries. Such warranties certify the fitness and perming ability of the appliances over a fixed period of time. Known as an “express warranty,” you can claim for damages for breach of it. However, if a product does not come with such warranty then the attorney will base your case on ‘implied warranty of merchantability’ factor that every product comes with implying that the product is in sellable condition and ready to use safely. To read more Click Here
