When a case is presented involved negligence, you may hear the words, “reasonable person” mentioned. Thus, who would this reasonable person be? This term is used to determine if the person that was injured due to a product was acting reasonably as he or she used the product.
This term exists because there are some incidences where the person who was hurt by a product was simply using it wrong or was acting out or goofing off when the product caused the injury. If this was the reason why the injury occurred, then chances are, the injury wasn’t caused by the product malfunctioning but because of the individual using it.
The “Reasonable Person” Standard and “Negligence”
What this means for the consumer is that the “common law” type of principle will apply. The common law occurs when the individual using the product fails to use it in the manner it was created to be used in causing the accident or injury to occur. This is negligence on the consumers part and not on the company that made the product.
When a claim is filed against the company, it is important that the company launch their own investigation to determine if the product was used correctly or if it was a malfunction of the product. Another thing that would be taken into consideration is if the product had more than one call on it claiming that it malfunctioned. If this happens, then the company has no choice but to assume that the product is not working correctly.
If the product was used correctly and the accident or injury occurred anyway, the company will need to admit that the product is at fault and pay the plaintiff what they are asking for. However, if the company comes up with the proof, they need to determine that the consume is the one at fault, then they do not owe the plaintiff any money or any other obligation because the case will be closed.
If a consumer is injured due to a product, it’s important that they hire a personal injury lawyer that will represent them in a case to provide proof that the company is selling and promoting a product that can cause injuries to others. The Personal Injury Lawyer in Moncton should have enough information to represent the individual before the trial begins.
Gathering up information on the products, searching for any complaints about the product, and trying to work out a deal before the case goes to court is just some of the tasks a personal injury lawyer will perform in order to ensure that his/her client gets a fair trial. If you have been injured due to a product malfunctioning, contact your lawyer to see if your case is something they can represent.