A product liability lawsuit arises when a person is injured by malfunctioning or dangerously designed manufactured product. Proving defective product liability can be complicated. It includes the following elements: that you were injured, that the product itself was flawed, that the defect caused your injury or damages, and that you were using the product as it was intended-or in a reasonably foreseeable manner. And to help you throughout your case, you need help from a Personal Injury Lawyer in Scarborough.

While all defective products are harmful, not all are dangerous enough to cause actual injury. To show you have suffered actual damages, you must also show the product was defective beyond its normal defectiveness, which is to say it had so many manufacturing defects that the seller owed you a duty of care even beyond what they owed you just because it was their product. To make a valid claim for defective products, your Personal Injury Lawyer in Scarborough must demonstrate how the product malfunctioned and show that you suffered actual damages.

Say you own a fancy new electric tea kettle that you use the first time to make yourself a cup of Hot Cocoa. Unfortunately, the kettle does not work correctly and starts to smoke, catch fire, and explode before you get out of the way. During the accident, your favorite ceramic vase, which is worth $300 (and was given to you by your late great-grandmother), gets knocked over and breaks beside the wall. Luckily, the expensive vase doesn't crack. Although you're now stuck with a defective kettle that was dangerous, without proof of injury or any damage, you have no legal claim.

Proving that the defective product caused your injury can be challenging. First, you will need to demonstrate that the defective product could have only caused your damage and not any other factor. That might mean that you will need to hire an expert witness or perhaps even bring in a team of experts to testify and explain the mechanics of the defect and what happened when you used it. This might include doctors or engineers or others with recognized expertise in the science about the issue. The proof may also come from the results of tests performed by experts, such as examining factory records or analyzing samples of merchandise.