The introduction of the online shopping experience has increased the frequency with which various shoppers feel disappointed with whatever item has been purchased. Still, disappointment does not provide a shopper with grounds for suing the manufacturer. Indeed, even alarm at discovery of some feature in a just-purchased product cannot serve as a reason for taking legal action against the product’s maker.
Tip number one: Disclosing all the elements of a winning case for the consumer that has purchased a defective product
The presence of four separate elements ensures possession of a winning case. The first element is proof that the person using the product in question was injured while using that same item. In other words, no consumer can go after a manufacturer for production of a good that almost caused an injury. If no one that has used that same good has ever been injured while using it, the manufacturer’s defense has a sound foundation.
The second element relates to the nature of the defect. Has the product’s defective nature been established? Can the person that has submitted the liability claim produce proof that the named product is defective? At what stage of the product’s creation did the defect come into existence? Was it during the designing stage, the production stage or the stage during which the item in question was being sold to consumers?
Is there proof that the named defect actually caused the injury that developed, after it had been used? If the item’s use has done no more than aggravate a previous injury, then a good defense lawyer can fight any liability claim that might be made by the person with the aggravated wound or condition.
The fourth element concerns how the allegedly defective product was used. Was it used in a manner that would match with the ways that the average consumer would seek to benefit from that same product’s abilities? The way that that the item in question has been used does not have to match with one of the uses that have been mentioned on the label. Still, it should be one that others have tried at some point in time.
Tip number two: Gathering evidence of all four elements and presenting a full package
The consumer that plans to sue the manufacturer of a defective product must gather evidence of all the elements named above. Still, the best evidence will do little to aid with the winning of the case, if it has not been included properly in the submitted claim. An incomplete claim can be filed, but the filing action itself does not damage greatly, if at all, the manufacturer’s reputation.
That is why that same alarmed, shocked or irritated consumer needs to hire a personal injury lawyer in Richmond Hill. Lawyers experienced with defective product claims know how to create and file a winning package, one that includes evidence of all four needed elements.