When people buy a product, they assume that it has been tested for safety. Households are filled with tools, cookware, medicine, and other products that are used daily. Unfortunately, some of these products can cause injury due to a defect at some point in the creation of the product. Defective car parts can lead to devastating auto accidents, and defective appliances can cause debilitating harm to consumers.
If you or a loved one have been injured by a defective product, consult with an Atlanta product liability attorney for more information about the legal rights you have. You may be eligible to pursue compensation from the offending party. Claims against product makers can be complicated, however, and you need to put together a strong case that will hold up if it goes to litigation. With years of experience and millions won on behalf of our clients, Ross Moore Law can effectively pursue compensation on your behalf.
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Call (404) 905-3146 to begin a free initial case evaluation with an Atlanta product liability lawyer!
WHO IS LIABLE FOR A DEFECTIVE PRODUCT?
Determining the fundamental problem with the product can help determine who can be held liable for any injuries that resulted from the defect.
Defects can often be traced back to these:
Design: If an injury resulted from a fundamental problem with the design of the product, then the designer may be held liable for the injury.
Manufacturing: If the manufacturer assembled the product incorrectly and the incorrect assembly 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 the product, the party responsible for this 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 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.
WHAT ARE THE MOST COMMON TYPES OF PRODUCT LIABILITY CLAIMS?
Thousands of new products hit the shelves each year, and unfortunately, many of them are rushed into the marketplace without being properly vetted. Some of the most common types of products that cause harm to Georgia consumers include:
Vehicles/Vehicle Parts: Auto manufacturers seem to constantly be issuing recalls of various product defects that exist in one of their models. Over the years, we have seen recalls for defective airbags that exploded randomly, exploding fuel tanks, defective brake lines, defective seatbelts, 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. And 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, from design flaws to failure to sufficiently inspect or test the product to releasing it to the market too quickly.
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 production and distribution supply chain is 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.
DAMAGES RECOVERABLE IN A GEORGIA PRODUCT LIABILITY CLAIM
Every product liability case is unique, and the exact amount of damages that have been suffered will always depend on the specific circumstances regarding your claim. Damages for these types of claims may include compensation for losses such as:
In more limited cases in which the actions of the party (or parties) responsible for the product liability injury were especially egregious, punitive damages might also be awarded as punishment for their wrongdoing and to help discourage similar acts in the future.
LET A SKILLED ATLANTA PRODUCT LIABILITY ATTORNEY FIGHT ON YOUR BEHALF!
In each and every product liability case, we thoroughly investigate the circumstances leading up to the accident and what the problem stemmed from. Ross Moore Law is proud to stand up against individuals or companies that would otherwise take advantage of the injured. Our firm is a passionate advocate for our clients, fighting to secure their future.