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Damages Experienced By Those That Discovered A Defective Product October 26, 2019

At the time of a motor vehicle accident, an identified driver might be held responsible for a single collision. In the case of a defective product, a long line of victims might get hurt by the replication of one particularly dangerous defect. Sometimes all those victims get together and file a class action lawsuit.

Features of a class action lawsuit: You as a victim can file a claim for a group of victims. One victim hires a personal injury lawyer in Red Deer. The lawyer receives the award and shares it with the victimized client and the other victims. The business or organization sued needs to pay a large award.

Damages that become the basis for such a lawsuit:

• Compensation for injuries
• Cost of an acquired disability
• Loss of wages
• Pain and suffering: In Canada that figure must be capped. It cannot be more than $366,000.

Who is the target of a personal injury claim that is based on discovery of a defective product?

The target is the person or group of people that allowed creation of the defective product. The creation of that defect might have begun at the stage when it was first designed. In that case, the designer would become the target of the personal injury claim.

Alternately, it could be that someone in the manufacturing plant made a mistake. As a result, a defective product got manufactured. Still, the lawsuit would not target that one worker. Manufacturing plants are supposed to have a division for quality control. If a defective product escapes the notice of those in quality control, it then appears on store shelves, and also becomes available to online shoppers.

Finally, the production of a defective product could pose a danger to consumers. A manufacturer should work to reduce the level of that danger by arranging for the marketers to place a warning on the item with the defect. If the marketer fails to arrange for the placement of that warning, then the marketer can be held responsible for the injuries that result from utilization of that dangerously defective item. The person held responsible must pay the compensation for the resulting damages.

The lawyer’s role in a personal injury claim based on discovery of a dangerous product:

The lawyer must determine where the defect originated. By identifying the source of that problem, the lawyer can strengthen the client’s personal injury claim. An identification of the source helps to define the exact nature of the problem.

In a courtroom, the lawyer must offer details on the parts or features that did not meet the expected standards for that one specific item. Those details should link the defect to the reported injuries. That link works to strengthen the accusation made by the claimant.