A consumer might get annoyed if a purchased product does not perform in the way expected. Still, that does not mean that the disappointed consumer has a right to file a defective product liability claim.
Were you injured?
Did you get hurt when you tried to use that allegedly defective product? If you did not, then you cannot file a liability claim. That rule applies, regardless of how close you might have come to becoming hurt. If you were not hurt, and if none of your property got damaged, then you have no grounds for a liability case, as per the Personal Injury Lawyer in Fredericton.
Can you show that the product was defective?
Was the defect obvious? Maybe someone at the manufacturing plant made a mistake. That can lead to creation of an item with an obvious defect.
On the other hand, it could be that the product’s defect remained hidden, until you tried to use it. Maybe it had a design flaw. Sometimes such a flaw results in creation of something that deviates from similar products to a marked degree. At other times the average customer cannot see the product’s dangerous nature. Moreover, the marketer and seller have failed to alert customers to the flaw’s existence.
Can you show that the product’s defect caused your injury?
Does the nature of the injury make it obvious that the product’s defect caused the harm done to your body? A bike rider cannot blame a cheap helmet for a cut to that rider’s leg. The helmet was designed to protect the head. The rider’s own actions triggered the events that resulted in the cut on the leg.
True, a cheap helmet does not protect the head as well as one that is of better quality. Still, that fact cannot be used as grounds for a liability case, after a bike rider has hurt his or her head.
Were you using the product in the way intended?
Normally, a manufacturer envisions the future customer using the manufactured item in a specific manner. Consequently, the manufacturing process gets designed to create something that can carry-out the perceived function. Someone that wants to claim that a given product is defective must show that he or she was using that item in a reasonable fashion.
Drug companies do allow doctors to use their own judgment, regarding how a given medication might be used. Sometimes doctors do try using a medicine for one particular disease to treat a different condition. Still, if that approach proves harmful, then other doctors are cautioned against repeating the approach that was tried earlier. Suppose some doctor ignored that warning. That could put patients at risk. The medicine itself was not defective, because it had not been used properly.