As the name suggests, a defective product injury is a case wherein a consumer gets injured using a defective product. These cases are quite common when a person uses a defective kitchenware, electrical appliance, sports equipment, beauty product or personal grooming product. If you or a loved one has been harmed or injured due to a defective product, call in an experienced Personal Injury Lawyer in Scarborough.

Who is Liable for Defective Product Injuries?

The biggest question regarding a defective product injury is whom to held liable for the damages? As per a qualified Injury Lawyer in Scarborough, usually in such cases there are three types of liabilities:

1.    Designer Liability: It refers to the designer who designed a faulty product.

2.    Manufacturer Liability: Here, the design is perfect but something goes wrong during the manufacturing stage and the product is manufactured in a defective way.

3.    Marketer Liability: Lastly, when both the design and manufacture of a product are fine but the fault arises in its marketing it is considered to be a marketer’s liability.

What is the Consumer Protection Act?

According to a professional Personal Injury Lawyer in Scarborough, some states do follow the Consumer Protection At under which the product producer is held liable for any injury caused due to a defect in the product. As per this act, it is even not necessary to prove the negligence of the producer. All that is required is that a consumer used a defective product and got injured. However; this act is not applicable to all states, so do check about it with your hired attorney.

What to Prove to win a Defective Product Claim?

At the same time, we believe it is important to know what all to prove to win a defective product claim. As per a well-qualified Injury Lawyer in Scarborough, following things need to be proved in such cases:

1.    Negligence: The first thing to prove is that the makers of the defective product were negligent in manufacturing, designing and distributing that product.

2.    Breach in Express Warranty: Here, the consumer can claim for the damages if the product carried an express warranty.

3.    Breach in Implied Warranty: In case the product doesn’t have an express warranty, one can still demand claims in terms of implied warranty that states that the product is fit for usage.

4.    Strict Product Liability: Under strict liability one needs to prove that the product bought by the consumer was defective in terms of design, manufacture and marketing.

Why Seek Legal Help from an Injury Lawyer in Scarborough?

Whether you agree or not but it is very important to get legal help from an expert quickly in such cases. It is quite common for you to think to complain about the defective product first to the shopkeeper from whom you bought it but believe us it is not sufficient to get justice. You need to get in touch with an expert regarding the matter and follow his or her guidance to get claims for your damages. Visit Here: BE Personal Injury Lawyer