Atlanta Product Liability Lawyer Near Me | Atlanta Lawyer

WHAT DOES PRODUCT LIABILITY MEAN 

Product liability refers to the area of law involving a product’s manufacturers, distributors, suppliers, and retailers. Any of these parties involved in this supply chain could be found liable for your accident injury.

WHAT TO DO AFTER A PRODUCT LIABILITY ACCIDENT

STEP 1:  CALL 911 IMMEDIATELY 

If you have been involved in an accident injury, call 911 right away.

 STEP 2: SEEK MEDICAL ATTENTION

Seek medical care as soon as first responders arrive on the accident scene. Even if you do not initially appear to be injured, be sure to see your doctor as soon as possible.

 STEP 3: AVOID SPEAKING ABOUT CASE OR ADMITTING FAULT 

Do not discuss your injury or share details about your accident claim. Stay off of social media and do not make a statement to the insurance company without first speaking to an Atlanta product liability lawyer. 

 STEP 4: GATHER EVIDENCE AND DOCUMENTATION

Take photos of your injuries and the accident scene. Also, retain all medical documents related to your accident, such as hospital bills, medical records, etc. This evidence, as well as police reports and eyewitness statements, will be used to strengthen your accident claim.

 STEP 5: BE TIMELY & KNOW THE STATUTE OF LIMITATIONS

After your product liability accident, do not wait to pursue legal action. Keep in mind that the statute of limitations is two years here in the Peach State, meaning that you must file your accident claim within two years of your accident.

STEP 6: HIRE AN ATLANTA ATTORNEY FOR LEGAL REPRESENTATION

Entrust your case to an Atlanta product liability lawyer. While it is possible to proceed without legal representation, keep in mind that the legal system can be very difficult to navigate. For maximum compensation, trust Ross Moore Law.

WHO IS LIABLE FOR A DEFECTIVE PRODUCT

Determining the fundamental problem that caused the product to be defective can help determine who is liable for any injuries that resulted.

Defects can often be traced back to these:

• Design: If an injury resulted from a fundamental problem with the product’s design, then the designer may be held liable for the injury.
• Manufacturing: If the manufacturer assembled the product incorrectly and this mistake led to an injury, the manufacturer may be held liable for the injury.
• Labeling: If the product was labeled incorrectly or failed to warn of inherent dangers associated with its use, the party responsible for labeling could be held liable for the injury.

Depending on the specific circumstances of the case, an injured consumer could pursue a product liability claim against multiple parties. In addition to the designer, manufacturer, and the party responsible for labeling the product, wholesalers and retailers who distribute the product to stores and sell it to the public could also be held liable. Even though these parties were not directly involved in the design and production of the product, their participation in moving it through the supply chain is an implied endorsement of its safety and suitability for public use.

PHASES IN A PRODUCT LIABILITY CASE

PHASE ONE: Accident 

A product liability case begins when a defective product causes an injury. If the accident victim chooses to pursue legal action, the process is initiated.

PHASE TWO: Lawsuit filing

Your Atlanta product liability lawyer will file a complaint with the court, detailing the accident and naming the at-fault party. They will then file a summons and send it to the at-fault party, letting them know about the lawsuit. The defendant has a specified time period during which to respond to allegations.

PHASE THREE: Discovery 

During this phase, evidence is exchanged between the defendant and plaintiff. Both sides will disclose relevant documentation, either through written discovery or depositions.

The parties then enter into a period called discovery. Discovery is when information is exchanged between the parties to learn facts that support each side’s case. Each side must disclose, for example, witnesses and relevant documents.

PHASE FOUR: Settlement/Mediation

During this phase, both parties will attempt to reach a mutually agreeable settlement. It is important that your Atlanta accident lawyer is a skilled negotiator, ensuring you never settle for less than your product liability claim is worth. If your case is not settled, it will proceed to trial.

PHASE FIVE: Trial

Once a jury is selected, the trial will begin. Both sides will make their opening statements before presenting evidence to support their claim. Witnesses will then provide their testimonies. Closing statements follow, and then the jury deliberates.

PHASE SIX: Conclusion

The jury will then present their verdict, concluding your product liability case. Because the legal system can be difficult to navigate, it is essential to have an experienced accident attorney to guide you through each of the phases listed above.

WHAT ARE THE MOST COMMON TYPES OF PRODUCT LIABILITY CLAIMS

Thousands of new products hit the shelves each year, but unfortunately, many of them are rushed into the marketplace without being properly tested. Some of the most common types of products that cause harm to Georgia consumers include:

• Vehicles/Vehicle Parts: Auto manufacturers seem to frequently issue recalls of various defective parts used in one of their models. Over the years, we have seen recalls for defective airbags that explode randomly, exploding fuel tanks, defective brake lines, defective seat belts, and many others.
• Household Products: Although the Consumer Product Safety Commission (CPSC) is supposed to protect consumers from defective and dangerous household products, many of them are still sold to the public. Examples include dangerous toys, defective cribs, defective car seats, and toxic cleaning products.
• Defective Machinery: Heavy equipment and machinery is used on farms, construction sites, and in numerous other workplaces. When this machinery malfunctions, it can result in serious and sometimes fatal workplace injuries.
• Defective Medical Devices: Numerous medical devices are introduced each year, and many of them contain amazing breakthroughs that help save lives and enhance the quality of life for users. Unfortunately, some of these devices are dangerous and/or have defects that cause patients serious harm through regular use.
• Defective/Dangerous Prescription Drugs: Like medical devices, there are countless prescription drugs on the market, many of which consumers depend upon heavily. But these drugs have side effects, some of which can be extremely dangerous under certain circumstances. When health professionals prescribe a drug to the wrong patient or mix drugs together that are incompatible, it can result in disastrous consequences. And in many cases, we have not seen all of the dangers that a certain drug can cause until several years after it has been on the market.

A product liability claim may be brought under one of the following legal theories:

• Negligence: Negligence is the theory that the defendant breached their duty to provide a product that was safe and free of defects. Negligence can occur at multiple stages during the product development process, including design flaws, failure to sufficiently inspect the product, and the premature releasing of the product to the market.
• Strict Liability: Most of the time, a legal claim for a dangerous or defective product can be brought under a theory of strict liability. The product’s production and distribution supply chain are extremely complex, and it can be difficult for an injured consumer to prove negligence. Strict liability only requires the plaintiff to prove that a product defect exists and that they were injured as a result. Strict liability cannot be used in claims involving products that were purchased second-hand.
• Breach of Warranty: A product warranty guarantees that a product will perform in a certain way and/or live up to a specific standard. This may be an express warranty, which is a specific guarantee made by the seller (usually in writing but sometimes orally) at the time the product is purchased. There is also an implied warranty, which is an implied promise by the manufacturer, distributor, and others in the product supply chain that it will not cause harm if it is used as intended.

GEORGIA STATUTE OF LIMITATIONS FOR PRODUCT LIABILITY ACCIDENT

2 YEARS 

The statute of limitations here in Georgia is two years, meaning that accident victims have up to two years from the date of their accident injury to file an accident claim. If you fail to file within that time period, your case will most likely be dismissed.

 An exception exists if a fatal accident victim’s family would like to file a wrongful death claim. In this case, they would have up to 2 years after the date of the victim’s death to file a lawsuit.

WHAT DAMAGES ARE RECOVERABLE IN A GEORGIA PRODUCT LIABILITY CLAIM

Every product liability case is unique, and the exact amount of damages that have been suffered depends on the specific circumstances. Damages for these types of claims may include compensation for:

• Medical Costs
• Lost Wages
• Loss of Earning Capacity
• Pain and Suffering
• Emotional Distress
• Diminished Quality of Life
• Funeral and Burial Costs (in the case of a wrongful death)

In more limited cases in which the actions of the party (or parties) responsible were especially egregious, punitive damages might also be awarded as punishment for their wrongdoing and to help discourage similar acts in the future.

3 MISTAKES TO AVOID IN A PRODUCT LIABILITY CASE 

MISTAKE 1: Not Seeking Medical Treatment As Soon As Possible

Even if your injuries do not require emergency medical care, it is crucial to visit your doctor as soon as possible. Delaying medical attention could be detrimental – not only to your health, but to your product liability claim as well. Skipping treatment could be used by the defendant as proof that the defective product did not really cause injury, or that your injury is not as serious as you say it is.

MISTAKE 2: Giving Recorded Statements Without Legal Representation

Any statement you make could be used against you, impacting the damages you recover. The insurance adjuster, white they may seem friendly, is not on your side. Avoid making a recorded statement without first speaking to your Atlanta product liability lawyer. Better yet, let Ross Moore Law handle all communication with the insurance company.

MISTAKE 3: Posting About Your Case Online

At Ross Moore Law, our accident attorneys advise injury victims to stay off social media. Even a seemingly innocent post could be misconstrued by insurance adjusters looking to debunk your claim.

MISTAKE 4: Overlooking Damages

Track damages carefully to maximize the compensation you receive. If you have been injured by a defective product, you may be eligible to recover the following damages:

• Medical bills
• Lost wages
• Loss of earning potential
• Replacement services
• Domestic assistance
• Pain and suffering
• Depression and/or anxiety
• Mental anguish
• Psychological trauma
• Disfigurement
• Loss of enjoyment of life

Proving economic damages, like lost wages and medical expenses, requires the right documentation – such as pay stubs, hospital bills, and more. Proving non-economic damages is trickier and may be based on psychological exams, testimony from loved ones, pain logs, and more.

FAQS | COMMON ATLANTA PRODUCT LIABILITY QUESTIONS

What does the term “product liability” mean?

Product liability is used to hold a defective product’s manufacturer or seller accountable. One of the following parties may be found liable for any injuries that result: the manufacturer, a manufacturer of component parts, the wholesaler, and the retail store.

Can a retailer be held liable for defective products?

Yes, retailers can be held liable if they knowingly sold a defective product or failed to remove recalled items from their inventory. 

Who can I sue for accident injuries due to negligence caused by a defective product?

Any of these parties could potentially be held accountable in a defective product claim: the manufacturer, retailer, distributors and advertisers.

Do I need a Georgia lawyer if I face an injury due to a defective product?

No, you are not required to hire legal representation. But because proving liability can be very complicated, it is best to entrust your case to a qualified Atlanta product liability lawyer. With so many parties involved in the supply chain, you need an experienced attorney to help determine who is responsible. Your accident attorney will also offer trusted legal advice and ensure you do not settle for less than you deserve.

What are the different kinds of defective product liability claims?

In strict liability cases, you are not required to prove fault. However, you do have to show that:

1. The defendant manufactured the product.
2. The product was defective when it left the control of the manufacturer.
3. The product’s defective condition caused the injury.

What must I prove in court to win my defective product liability lawsuit?

Details vary by state, but most product liability laws require you to prove the following:

• The product was defective.
• The defect caused your injury.
• You suffered losses due to your injury.

What is strict product liability in a product liability case?

Strict product liability refers to one of the “theories” under which a plaintiff pursues legal action. In a strict product liability action, the plaintiff can recover damages without proving the manufacturer’s or seller’s negligence.

What are implied warranties in a product liability case?

Established by state law, implied warranties apply to most products. Basically, these warranties assure consumers that the products they purchase are safe when used as intended.

Am I protected by implied warranties, even if the documents that accompanied my defective product state that the manufacturer disclaimed all implied warranties?

The laws that apply to instances like these are very specific. If the manufacturer disclaimed all implied warranties, you will likely not be able to recover damages. Seek legal guidance from an experienced Atlanta product liability lawyer to learn more.

How do I know if I can sue based on a product supplier’s breach of warranty?

There are two types of warranties: implied and express. You may be able to receive compensation for a breach of an implied warranty, depending on state law. You might recover for a breach of express warranty if the seller or manufacturer of the product that injured you expressly extended a warranty to you.

Can I file a product liability case if I was injured by a product I borrowed from someone I know, and did not pay for myself?

In the past, a contractual relationship had to exist between the injured person and the supplier of the product in order for the injured person to recover. But now, in most states, that requirement no longer exists. The injured person does not have to be the purchaser of the product in order to recover.

How long do I have to file a product liability claim in Georgia? What is the Georgia statute of limitation on product liability cases? 

The statute of limitations for filing a product liability lawsuit is two years.

How much does a product liability lawyer cost in Georgia?

Here at Ross Moore Law, we operate on a contingency fee basis, meaning that unless we win, you don’t owe us any legal fees.

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Ross Moore Law Accident Case Results

$1,000,000 |WRONGFUL DEATH
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BLOG | DISCOVER MORE ON PERSONAL INJURY TOPICS 

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Catastrophic Injury 

Wrongful Death

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ABOUT ATLANTA, GEORGIA 

Founded in 1837, Atlanta boasts a rich history and diverse culture. Our city fought hard to get where it is today, starting with the rebuilding it endured after being burned to the ground by General Sherman in 1864. The phoenix remains the city’s symbol, representing the people’s strength – and loyalty to the city they love.

 Named the Peach State’s capital shortly after in 1868, Atlanta is now the fifth city to earn the title. It remains the capital today, with over half a million residents lucky enough to call it home. Our dynamic city also played a major role in the Civil Rights Movement, with inspiring leaders pursuing progress at all costs. Atlanta continues to embrace diversity, encouraging a unique arts and culture scene. Atlanta residents can also claim “the world’s busiest airport,” with Hartsfield-Jackson Atlanta International Airport serving as a major travel hub. Our beautiful city is truly unique, and our Atlanta product liability lawyers couldn’t be prouder to live and work here!

 TRUSTED RESOURCES IN THE ATLANTA AREA – FULTON COUNTY:

 If injured in Atlanta, you’re in good hands. Atlanta, GA offers some of the best medical professionals to support you back to good health. Plus, we offer a diverse legal system and investigators ready to protect you in Fulton County. Plus, their diligence only strengthens your legal case. 

 Here are some helpful resources for accident injury victims in Atlanta, GA: 

 Atlanta Hospitals

Children’s Healthcare of Atlanta – Egleston Hospital

1405 Clifton Rd NE, Atlanta, GA 30322

 

East Point VA Clinic

1513 Cleveland Ave #300, Atlanta, GA 30344

 

Emory University Hospital Midtown

550 Peachtree St NE, Atlanta, GA 30308

 

Grady Health System

80 Jesse Hill Jr Dr SE, Atlanta, GA 30303

 

Northside Hospital Atlanta

1000 Johnson Ferry Rd NE, Atlanta, GA 30342

 

Piedmont Atlanta

1968 Peachtree Rd NW, Atlanta, GA 30309

 

Select Specialty Hospital – South Atlanta Medical Center

1170 Cleveland Avenue 4th Floor, Atlanta, East Point, GA 30344

 

Wellstar Atlanta Medical Center

303 Parkway Dr NE, Atlanta, GA 30312

 

Wellstar Atlanta Medical Center South

1170 Cleveland Ave, Atlanta, GA 30344

 

Atlanta Police Stations/Departments

Atlanta Police Department Headquarters 

226 Peachtree St, Atlanta, Georgia 30303

 

Atlanta Police Department Zone 1

2315 Donald Lee Hollowell Pkwy NW, Atlanta, GA 30318

 

Atlanta Police Department Zone 2

3120 Maple Dr NE #300, Atlanta, GA 30305

 

Atlanta Police Department Zone 3

880 Cherokee Ave SE, Atlanta, GA 30315

 

Atlanta Police Department Zone 4

1125 Cascade Cir SW, Atlanta, GA 30311

 

Atlanta Police Department Zone 5

200 Ted Turner Dr NW, Atlanta, GA 30303

 

Atlanta Police Department Zone 6

2025 Hosea L Williams Dr NE, Atlanta, GA 30317

 

Atlanta Courthouses

Atlanta City Court

150 Garnett St SW, Atlanta, GA 30303

 

Fulton County Civil Court

185 Central Ave SW, Atlanta, GA 30303

 

Fulton County Courthouse

136 Pryor St SW, Atlanta, GA 30303

 

Magistrate Court of Fulton County

185 Central Ave SW, Atlanta, GA 30303

 

Municipal Court of Atlanta

150 Garnett St SW, Atlanta, GA 30303

 

Supreme Court Clerk

244 Washington St SW UNIT -5, Atlanta, GA 30334

 

Superior Court

2 M.L.K. Jr Dr SE, Atlanta, GA 30334