Ways A Product Liability Case Is Handled By Personal Injury Lawyer In Kitchener
You will see that the method and approach of handling a product liability case is lot different from any other personal injury claim lawsuits even when the same Personal Injury Lawyer in Kitchener handles both. The most striking difference lies in the proving of negligence aspect where you as the victim of such type of injuries will generally not have to prove the negligence. The faulty product is an evidence enough to prove that it was defective enough to cause the accident and harm. All that is required is an inquiry report that will support it. Such situation is called the case of strict liability.
Shifting of Strict Liability
Strict liability is the only thing that has to be proved by the Personal Injury Lawyer in Kitchener in a product liability case. Once this is done it is considered that the requirement as per law for the burden of proof is successfully met with. However, there are different types of strict liability that will shift the burden of proof to the manufacturer. The manufacturer will now have to prove that the product was not defective at all and it was the user that caused the accident. The manufacturer may cite reasons that the user was irresponsible in operating and handling the unit or did not read the warning signs or followed the instructions as per the manufacturer’s manual.
Types of Strict Liability
The strict liability is grouped into three different categories which the Personal Injury Lawyer in Kitchener follows. Defects in the product can be the reason of faulty designing by the engineers. It can also creep in due to manufacturing defects or for wrong processes followed for its modification. Faults in a product can also be found after a product comes out of the assembly line. It can be a result of improper marketing of the product with no specification for safety measures and confusing labels with no warnings as well. All these factors will hold the manufacturer, wholesaler or retailer guilty separately or collectively.
Common Defenses Raised
There are some common defenses that are raised from the manufacturer’s side to help them avoid the strict liability raised by the Personal Injury Lawyer in Kitchener. But the manufacturer can be successful in it only when all designing, manufacturing and marketing processes followed for the product is proved to be flawless. In such a situation you as a user will be blamed for irresponsible and insensible handling, ignorance of safety measure and overlooking of the warning signs. When such defenses are raised then the burden of proof will again shift back to you.
The Evidence Required
There is no requirement of any circumstantial or substantial evidence to prove negligence in a product liability case. Only the proper identification of the faulty product is required though, this is an intense and long discovery procedure as defects in a product may not be so obvious and cannot be detected easily and quickly. The attorney has to summon the design documents to conduct independent testing deposing the product designers to find the fault. For more information visit Our Website