If you were to purchase some item, and then became injured, when you tried to use it, then you would have a reason for filing a personal injury claim. The law demands a payment from those that have created and sold a defective and harmful product.
First, the injured consumer must discover who was responsible for the product’s defect
• Was it someone that had a role in designing the defective item?
• Was it the manufacturer?
• Did some worker at the manufacturing plant make a mistake, one that went unnoticed, during the inspection of that particular item?
• Was it a marketer or a retailer?
• Did the product’s label or packaging lack any visible warning?
• Was there no warning posted near the spot where the potentially harmful product was sold?
Assemble the required proofs
Personal injury lawyer in Red Deer will need to find proof that the product’s defect had been created before the injured consumer purchased it.
Proof that the item-of-concern was used in a way that agreed with manufacturer’s intended use for the same item, the one that had been shipped from the manufacturing plant.
Noteworthy evidence: evidence that could strengthen the plaintiff’s claim
Proof of negligence: Something showing that someone had breached his or her duty.
Grounds for charging strict liability: The company had produced a substandard product. Consumers that were injured by any of the substandard products that could be on the market do not have to come forward with proof of negligence, in order to file a lawsuit, and to allege that the subpar good had caused an injury.
Action expected from injured consumer
He or she must seek treatment for the claimed injury, by going to a hospital, a clinic of a doctor’s office. The institution, facility of office that had observed the consumer’s injury should have a record of that visit. That record could be used as proof of the fact that the defective good had harmed its user.
The absence of proof that an attempted utilization of something that was being sold to consumers had caused the user to become injured would result in refusal by the court to allow the filing of a personal injury claim. Too often, consumers fail to recognize that fact.
Some of them have been startled by some noise or other action, when attempting to use the thing that been on the shelves, or had been advertised in a catalog or on a website. Something’s ability to startle the buyer/user does not fit the legal definition of harm.
In other words, such an incident cannot be pointed to as evidence in support of a personal injury claim. The claimant/plaintiff must have more substantial proof of actual harm to his or her person. Potential harm is not actual harm.