Each year millions of products enter the market. As technological advances certainly make products more convenient, many products that enter the market are made poorly or are actually unsafe for consumers. When a business makes a product in such a way that it causes unexpected accidents or injuries, that business should be held liable for the injuries that result. If you or your loved one has been injured by a product and want to determine whether you are entitled to relief, a knowledgeable Marietta product liability attorney at the Persons Firm is available to help you make that determination. Our firm assists clients with personal injury and wrongful death claims arising out of a dangerous product. Please contact our office today to find out more about our legal services.
Products Subject to Products Liability Claims
Generally, any type of product can be subject to a products liability claim. There have been products liability claims filed against companies for harm suffered after using prescription drugs, car parts that malfunctioned, dangerous toys, cookware, electronic devices and more. There are three different types of products liability claims: manufacturing defects, design defects, and failure to warn.
A manufacturer’s defect occurs in the process where a product is being made. Manufacturing defects are unintended malfunctions of some, but not all of, the products that are made in the same line. These defects can still impact a large number of individuals. An example of a manufacturer’s defect is two missing screws for 1,000 of 25,000 chairs made, which causes the chairs missing the screws to collapse on impact. It is important to consult an experienced product liability attorney at the Persons Firm in Marietta as soon as possible following your injury, who can investigate the circumstances surrounding your situation and make sure your legal rights are protected.
The second type of product liability claim arises from a design defect, which occurs in the design phase of a product’s creation. These defects are in the blueprint of the product, and affect every product made. For example, a company that creates a chair with only two legs for aesthetic reasons. However, the design of the two-legged chairs causes the chair to collapse on impact. Determining what type of defect caused your harm often involves careful examination of the product, the production process, as well as other complex evidence.
A company’s ‘failure to warn‘ can also give rise to a product liability suit. Failure to warn is a type of defect that occurs when a manufacturer does not issue sufficient warnings to consumers regarding the possible dangers from the use of a product. The warnings should address dangers that are not obvious and could not be seen when using a product. A common example of unlawful failure to warn actions include failing to list a prescription drug’s side effects or potential complications for use of a medical device.
When products liability cases arise, there are a number of parties that may be sued. After injuries, a lawsuit may be initiated against a manufacturer, distributor, or retailer. A seasoned Marietta product liability lawyer will be able to make sure the proper parties are held responsible. Sometimes manufacturers who are in a rush to get their products on the market, and driven by profit-incentives, will disregard their duties to provide reasonably safe products – which can cause serious injuries and sometimes death. Manufacturers who knew, or should have known, of their product’s danger, and fail to issue proper warnings to consumers need to be held liable for the harm that results.
In Georgia, manufacturers are strictly liable for any dangerous products they put on the market. Under this doctrine, a plaintiff does not have to prove negligence, but rather just show that the product caused harm to them, and that the defect was present at the time it left control of the manufacturer. In a successful product liability suit, victims may be awarded compensation for past and future medical costs, loss of income or earning capacity, as well as pain and suffering damages in some cases.
Contact an Experienced Marietta Product Liability Attorney
If you have been injured in an accident or incident from the use of a product, you need a knowledgeable product liability lawyer on your side. When you meet with The Persons Firm for an initial consultation, you will have a clear understanding of your right to relief, which will allow you to make an informed decision on how to proceed. The Persons Firm is located in Marietta, but we represent clients throughout the surrounding area and elsewhere in Georgia. Please contact us today to determine how we can help you obtain relief.