In order to establish a claim, you must show that:
• You suffered losses or injury. As previously mentioned, there must have been injury or damage sustained for a claim to be liable. The potential for injury will not bring sufficient cause for a settlement, and therefore is not enough to levy a claim.
• A defect was the cause. If an injury or damage occurred, the defect or failure to provide proper instruction must have been the direct cause.
• The product was being correctly used. It must also be established that, at the time an injury or damage occurred, the product was being used exactly as specified. Failure to use a product as directed always carries the risk of sustaining an injury, which makes proving fault on the part of the product a very difficult task. For this reason, it is important to make sure you can establish the injury was not a result of user error.