In order to win a product liability claim, the plaintiff must prove the existence of a defect. In other words, the plaintiff must show the product’s possession of some type of flaw.
Some flaws get introduced during a given product’s design stage.
Designers focus on a product’s appearance, and not on the dangers that might be latent in a well-designed feature. One year, car buyers found that many cars had fins, but that same feature was not found on later models. It had become viewed as a safety hazard.
Some flaws could be the result of mistakes that were made by workers in the manufacturing plant.
• It could be that some worker on an assembly line had failed to install a certain part.
• It could be that some worker on an assembly line had failed to do a good job of fastening a specific part.
• It could be that some worker on an assembly line had slipped a given part into the incorrect slot or opening.
A marketer or a seller might make a mistake, and create a flawed product.
Marketers are supposed to make sure that any needed warning has been placed on a product’s label, or in some section of the instructions. Marketers are supposed to make sure that the provided instructions would be clear to just about any user that tried to follow those same instructions.
A seller should make sure that a display provides buyers with any information that has not been included in a product’s label or set of instructions. If the broker for a given item were to visit a seller, he or she might devote time to re-arranging any displayed items, so that the labels faced outward, and all like items were grouped together on the shelf.
Additional proofs that are required in a product liability claim
There must be proof that the consumer using that flawed item got injured, due to the existence of the defect. An event that almost caused an injury would not suffice as verifiable proof, as per Injury Lawyer in North Bay.
There must be proof that the user had not tried to utilize the sold item in a manner that was not in accordance with what the seller had recommended. In other words, he or she had tried to introduce some new way for using a familiar product.
Doctors do sometimes try a certain medication as a remedy for a condition that has not been mentioned on the product’s label, or in any ads. Yet the medical community has established rules for carrying out such a procedure. The medical community works closely with the pharmaceutical industry, in order to minimize the chances that a flawed medication could get into a consumer’s hands.