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If you plan to pursue a defective product liability claim, then you should have proof of the fact that you suffered some type of injury. That is one of the 4 elements that the legal system requires, before it agrees to hear from the parties in a product liability case.
The first element: The product’s user was injured
Some consumers have reported a frightening experience, one in which the malfunction in a purchased gadget caused a minor reaction within the home’s electrical system. At times, the same consumer might claim that he or she almost suffered a terrible burn. Yet, the fact that no harm truly came to the product’s frightened user meant that the same user could not file a product liability claim.
The second element: The product was defective
The user must explain more than just the nature of the reported defect. In addition, the person that has filed the complaint needs to identify the stage in creation of the defective item at which a mistake had been made. It could have happened during the product’s design. An impressive design is not always one that is safe, and guaranteed to work properly. Alternately, it could have taken place during the manufacturing process. Maybe someone that was working on the plant’s floor forgot to add a certain part.
Finally, there are several ways that a marketing mistake could allow a consumer to buy a product with a defect. For instance, the product’s package might not contain all the instructions. On the other hand, it might have instructions with some sort of misprint, one that could confuse the user.
The third element: The defect’s existence was the reason for the reported injury
In order to prove that element, a claimant would need to have a detailed medical report. That same report would have to indicate exactly how some aspect of the reported incident helped to explain the nature of the injury that was observed by the treating physician as per personal injury lawyer in Barrie.
The product was used as intended
In other words, the person that had chosen to buy that particular item used it in a correct manner. That could mean that the same user followed the instructions carefully. It could also mean that the purchased item got used in the proper setting. The public is still learning about the correct and incorrect setting for the wearing of a mask. As public health officials stressed the importance of wearing masks, one patient wore one while receiving an MRI.
The patient’s mask contained some metal, which reacted to the MRI’s waves, causing the unprepared patient to get burned. As a result, public health officials are now warning patients to avoid making that same, harmful mistake.