Top 6 Causes of Car Accidents in Georgia
Car accidents usually have common causes that can have serious consequences. People lose their lives, sustain injuries that can affect them forever or take a long time to recover, and... Read More
Atlanta Product Liability Lawyer
Atlanta Product Liability Attorney Overview
- When a Defective Product Causes Serious Harm
- Types of Product Liability Claims
- The Hardest Cases Need the Strongest Advocates
- Safety Hazards Associated with Faulty Products
- What to Do After Discovering a Product Problem
- Product Liability Laws in Georgia
- Common Defenses to Product Liability Claims
- Why Work with a Product Liability Lawyer in Atlanta?
- Contact our Product Liability Lawyer in Atlanta Today
- Latest Firm News & Updates
When a Defective Product Causes Serious Harm
You make a conscious decision to bring every item into your home. The overwhelming majority of those items are things you’ve bought. That can be everything from the food in your kitchen to the furniture in the family room to all your electronics and appliances. In exchange for your hard-earned cash, you expect those items to be safe and perform as expected. Unfortunately, not every product works out as intended.
A product could have a manufacturing error or other issue that would make it dangerous and could possibly cause harm. Drugs can be rushed to the market in favor of making a profit, as opposed to doing every test to make sure they’re safe. Manufacturing errors can mix up labels or incorrectly display instructions on a box. This negligence can lead to injuries and damages for those that use the products. These would classify as a personal injury claim that you’re entitled to seek a compensation for any harm.
If someone is hurt because of a defective product, they can file a claim against the company because their actions are the reason the person incurred injuries. This can be difficult without legal aid. If this has happened to you or a loved one, Bey & Associates, LLC can help. You’ll be in touch with an experienced Atlanta product liability lawyer who wants to fight for your rights and help you get justice.
Types of Product Liability Claims
Regardless of what the defective product is, its reason for failure can be traced back to some point in its creation and development. The recalled products are typically pulled for at least one of the following three reasons:
Manufacturing Defects
This type of defect is the most common cause of injuries. A defectively manufactured product is flawed because of an error that occurred while it was being made. This mistake can lead to injury-causing problems that make the item different from others being sold.
Design Defects
The second type of product liability category is when a product’s design is inherently dangerous. This is an error that would have occurred prior to the manufacturing process. The claims involve entire lines of products and ignore the fact that the injury-causing product was made perfectly according to the manufacturer’s specifications.
Warning or Labeling Defects
The final type of product liability claim can be filed in the event a product was not sold with adequate warnings or instructions detailing proper use. These claims typically involve a product that is dangerous in some way that’s not obvious to consumers or requires the user to exercise extra precautions when using it. This can apply to avoidably and unavoidably unsafe products.
When the company knows about a hazard that is non-obvious to the consumer, they are supposed to include a warning on their label so the consumer can stay safe. In situations where companies don’t do this, it’s called “failure to warn.” Consumers have a right to know about the product they’re using. We understand how frustrating it can be to deal with an injury that a simple warning could have prevented. That’s why we’ll stand up to these companies and demand compensation for your injuries.
The lawyers at Bey & Associates are familiar with the various ways a product can be defective. When we agree to take on a case, we’ll carefully examine what happened and find out the cause. We’ll also look into the injuries that occurred because of the hazardous product. With this information, we could help determine who was liable and the stage of the manufacturing process where negligence occurred and made the product dangerous for consumers. That will become the foundation of the premises liability claim.
Atlanta Personal Injury Practice Areas
Medical Malpractice
Every time we enter the doors to a hospital, doctor's office, or other medical facility, we expect safe, competent care. When that doesn't happen, you deserve answers.
Car Accidents
A car wreck can change your life in the blink of an eye. If you’ve been seriously injured because of another driver’s negligence, you need help now.
Truck Accidents
Large truck and commercial truck accidents are some of the most devastating accidents we see across the United States and in Georgia.
Wrongful Death
The unexpected loss of a loved one is one of the most traumatic experiences a family can go through. When the death should have been prevented, the loss devastating.
Work Injuries
If you’ve been seriously injured while on the job, you’re likely already aware that your employer doesn’t make providing for your family a simple task.
Nursing Home Abuse
Even if you’re confident you’ve found a safe environment for them, it’s important to remember that there are negligent care facilities that abuse their residents.
Safety Hazards Associated with Faulty Products
Every kind of product, from household appliances to clothes to children’s toys, has to be safe to use. Prior to being placed on the market, products are required by law to be tested. In some cases, however, corporations find ways around this important step. This is one of the ways defective products are released to the public.
Every year, there are a number of products that are recalled by the United States Consumer Product Safety Commission (CPSC). Not only are they responsible for ensuring consumers are protected from dangerous products, they determine the regulations, laws, and standards that manufacturers are supposed to abide by.
When those federal laws are disregarded, the consequences can be devastating. Below you’ll find some categories of products that can be defective. Our Atlanta product liability lawyers are familiar with these products and the injuries they can cause.
Auto Parts
Nearly everyone depends on a motor vehicle for transportation. They also expect the vehicle’s functions to work. Faulty systems or parts can be the catalyst for terrible accidents. Common defective auto parts include seat belts, airbags, and brakes. When safety devices are defective, the injuries in an accident are likely to be significantly worse.
There could also be mechanical issues with the engine or steering system. All these issues could risk the driver losing control of the vehicle and lacking the preventative safety measures to reduce the severity of the crash.
Medical Devices
People get medical devices implanted to help them live healthier lives. The most common include heart valves and hip replacements. In hospitals, doctors depend on medical machinery to give them accurate feedback on how a patient is doing or to help keep a patient safe. A defective medical device that breaks down over time could cause the patient pain and will most likely require another corrective surgery. Additionally, medical equipment that has flaws could put patients at risk of infection.
Dangerous Drugs
Medication helps people treat problems and feel better. However, when drugs aren’t rigorously tested, they can have unforeseen side effects that put the patient’s health at risk. Doctors should also know how their drug will react to any other medications the patient takes or other medical conditions they have. Patients should know that they have to follow the instructions that say how the medication should be taken or risk the consequences. When patients don’t get this information, they may think they’ll be fine if they take more than the recommended daily dose. This, however, is how addictions start, and is considered to be drug abuse.
Bey & Associates is currently handling cases for the users of the film version of Suboxone who experienced serious tooth decay after use.
Dangerous Appliances
Appliances like irons, kettles, and electric griddles are supposed to be designed to make our lives easier. Unfortunately, when these appliances are defective the users can be seriously hurt. Some of the most common injuries involve burns, which often require a significant amount of treatment and recovery time.
Toxic Chemicals
It’s likely you come in contact with toxic chemicals every day, and you may not even realize it. The cleaning products we use are supposed to be designed to clean our kitchens and bathrooms without harming us. When manufacturers are neglectful, the chemicals could end up being harmful when used correctly. This can be especially dangerous for elderly individuals and those with chronic respiratory conditions.
Children’s Toys
A house with children, is a house with toys. When toys aren’t designed properly, children may be put in danger, and parents will likely be unaware of the defect until an injury has occurred. Recently, a teething toy sold on Amazon was recalled as a choking hazard three years after it was on the market.
Defective Equipment
Defective products in the workplace can lead to deadly injuries. Dangerous machinery, industrial equipment, and tools can put employees at risk for injury and time missed from work.
What to Do After Discovering a Product Problem
If you encounter a defective product, you should report it to the manufacturer or retailer for a refund or replacement. You should also report it to government safety agencies to protect the public from dangerous items.
Here’s where you can report a defective product:
General Consumer Goods: Report household items, appliances, toys, and electronics to the U.S. Consumer Product Safety Commission (CPSC). You can submit a public report online at SaferProducts.gov or call their hotline at (800) 638-2772.
Vehicles and Auto Equipment: Report defects in cars, trucks, tires, motorcycles, and car seats to the National Highway Traffic Safety Administration (NHTSA).
Food, Drugs, and Cosmetics: Report issues with medications, medical devices, food safety, or cosmetics to the Food and Drug Administration (FDA).
Workplace Equipment: Report unsafe heavy machinery or defective commercial equipment to the Occupational Safety and Health Administration (OSHA).
These are same agencies that issue recalls related to the specific products. Keep in mind that if you intend to file a civil complaint, you should not return or throw out the defective product. You want to keep it as evidence to be used later on.
Product Liability Laws in Georgia
If you’ve been injured or suffered other damages because of a product, our Atlanta product liability attorneys can help you with the legal process to ensure you receive compensation for what you’ve been through. It’s often helpful to be familiar with what the law requires you prove in order to win your case.
In Georgia, product liability claims can be based on strict liability or negligence. With strict liability, you don’t have to prove fault, but you do need to be able to show the manufacturer who you are suing made the product and the product was defective when it left their control. With the negligence theory, the victim has to show that the product was designed carelessly, which led to their injury. This shows that the guilty party breached their duty to develop and release safe products to consumers.
Some cases rely on a breach of warranty as proof. This means that the manufacturer breached the express and implied warranties. An express warranty has to do with how the product is represented and deemed safe by the retailer or manufacturer. An implied warranty is the promise that, if used as intended, the product will not cause any harm.
Once it has been proven that you were wrongfully injured as a result of a defective product, compensation can be calculated based on a number of factors. You can rest assured that our product liability attorneys are well-versed in the factors that will apply to your case. We’ll fight to maximize your compensation.
Statute of Limitations
There are time limits in place for filing product liability lawsuits. According to the Georgia law, you have two years to file a personal injury claim. However, if a defective product damages your personal property you have four years to file a claim. For example, if a battery in a device starts a fire that damages your home, you have four years from the time of the incident.
It is important to note that these statutes are for filing a civil complaint. That usually follows after you’ve made an insurance claim. Even though two years seems like a long time, it can go by fast. If you miss the filing deadline, your claim could be dismissed preventing you from seeking any compensation.
Common Defenses to Product Liability Claims
As your Atlanta product liability lawyer will tell you, it’s a good idea to prepare for all situations and it’s best to assume the opposing side will build an aggressive defense against you. Common defenses used in product liability lawsuits include:
- Product Misuse: The defendant can argue that you didn’t use the product in a way that it was intended and it was that misuse that caused the injury. If it can be established that the primary cause of the injury, liability is significantly reduced or eliminated.
- Comparative or Contributory Negligence: The defendant can assert your careless behavior, such as failing to follow instructions or ignoring safety warnings, contributed to your injury. Georgia follows a modified comparative negligence system. That allows you to receive compensation if your percentage of fault is less than 50%. Because of that, insurance companies do all they can to shift liability onto you.
- Assumption of Risk: The defendant will attempt to prove that you knew about a specific, inherent danger associated with the product but voluntarily chose to use it anyway. That means you assumed the risk.
- Product Alteration or Modification: If it can be proven that you altered, modified, or misused the product after it left the manufacturer’s control, and the blame for the accident can be shifted to you.
-
-
5 Mass Torts That Will Make Headlines in 2018
A mass tort is a case where many people are injured or harmed by a product and they each sue the corporation individually under the same claim. While there are... Read More
-
How Long Does It Take to Settle an Average Personal Injury Claim?
If you’ve been wrongfully injured in Atlanta and are looking to take legal action, you may be wondering how long it will take to settle your personal injury claim. Unfortunately,... Read More
Find the Help You Need Near You
With locations from coast to coast, it’s easy to get support in your area. Choose your location, reach out, and we’ll take it from there.