If you’ve been injured by a defective product, you may be wondering what your legal options are. Product liability cases can be complex, and it’s important to have an experienced attorney on your side. H Groves Law is the leading law with knowledgable Atlanta product liability lawyers and personal injury lawyers who have extensive experience representing clients in these types of cases. We understand the law and we’re there to help you fight for the compensation you deserve. Get in touch with us at (770) 329-1868 to discuss your case.
Do I Have a Product Liability Claim?
Are you confused about whether you have a product liability claim or not? Here are a few instances when you can file for a product liability claim in Atlanta, GA:
Design defect
A design defect claim occurs when there is a problem with the design of the product, which makes it unreasonably dangerous for consumers. Design defects can occur in all types of products, from cars to toys to medical devices. In order to win a design defect claim, the plaintiff must prove that the design of the product was defective and that this defect was the cause of their injuries.
Manufacturing defect
If a product is not designed properly, it can malfunction and cause injury to the user. Another way design manufacturing can contribute to product liability claims is if the manufacturing process does not meet the quality standards. If products are not made correctly, they can also malfunction and cause injury.
Failure to warn
In many cases, the duty to warn is established by demonstrating that the company knew or should have known of the potential risks associated with its product. For example, if a company manufactures a medication that has been linked to serious side effects, it would be expected to provide warnings about those side effects to doctors and patients. If it fails to do so, and someone is injured as a result, the company can be held liable for failure to warn.
Marketing misrepresentation
If a product is advertised as safe or effective and it turns out to be neither, that can be used as evidence that the product is defective. Additionally, if a company makes false claims about a product’s capabilities, that can also be used to show that the product is not fit for its intended purpose.
Types of Defective Products Cases
The law regarding product liability in Atlanta, GA, includes different types of claims. Some of the most common types of defective products cases are as follows:
- Defective airplane
- Defective vehicles
- Dangerous drugs
- Defective medical devices
- Defective children’s products
- Defective guardrails
- Defective firearms
- Nicotine poisoning
How Can I Prove a Product was Defective?
There are a few different ways that you can go about proving that the product was defective.
- The first step is to gather evidence that will support your claim. This may include receipts, photos, and any other documentation that can show when and where you purchased the product.
- It is also important to get medical attention if you were injured by a defective product. Your medical records can be used as evidence in your case.
- Once you have gathered this evidence, you will need to file a complaint with the Consumer Product Safety Commission. This government agency investigates reports of defective products and can take action against companies that sell dangerous products.
What are the 4 Types of Product Liability Lawsuits?
There are four types of product liability lawsuits. They are as follows:
Negligence
Negligence includes when the designer, manufacturer, or seller of a product fails to warn about or take reasonable steps to prevent foreseeable risks posed by the product. In order for a plaintiff to win a negligence case, they must prove that the defendant knew or should have known about the risks posed by the product and failed to take reasonable steps to prevent those risks. For example, if a food manufacturer knows that their products are contaminated with E. coli but does not warn consumers or take steps to clean up their manufacturing process, they could be found negligent if someone becomes ill after eating one of their products.
Strict liability
In strict liability cases, the manufacturer or seller of a product can be held liable for any injuries caused by that product, regardless of whether they were aware of the potential danger or took any precautions. If you want to win a strict liability claim, you must show that the product was defective and that the defect was the cause of your injury. The three types of defects that can give rise to a strict liability claim are design defects, manufacturing defects, and marketing defects. Design defects involve problems with the overall design of the product while manufacturing defects are caused by errors that occur during the production process. Finally, marketing defects occur when a product is improperly labeled or advertised, leading consumers to believe that it is safe when it is not.
Express warranty
One of the key concepts in product liability law is the “express warranty.” An express warranty is an explicit promise made by a seller about the quality of their product. For example, a seller might promise that their car will never break down, or that their new shoes will be comfortable all day long. If a buyer relies on this promise and suffers damages as a result, they may be able to hold the seller liable under an express warranty claim. To make an express warranty claim, you must prove that you had relied on the seller’s promise when making your purchase and that you suffered damages as a result of the broken promise. Product liability law can be complex, but understanding the concept of an express warranty is a good place to start.
Implied warranty
When a product is sold, an implied warranty is created that the product is fit for its intended purpose. If the product is not fit for its intended purpose and the buyer is damaged as a result, the seller may be liable under the doctrine of implied warranty. The doctrine of implied warranty is based on the idea that when a seller agrees to sell a product, they are implicitly warranting that the product is safe and will work as expected. This type of liability can be difficult to prove, as it requires showing that the seller had reason to believe that the product was not safe or would not work as intended. However, if successful, this type of claim can result in significant damages for the seller.
When is a Class Action Lawsuit Appropriate?
A class action lawsuit may be appropriate in a product liability case when there are a large number of plaintiffs who have been similarly harmed by the defendant’s product. Class action lawsuits allow plaintiffs to pool their resources in order to more effectively take on a deep-pocketed defendant. In addition, class action lawsuits provide an opportunity for courts to resolve legal issues that may affect a large number of people. These lawsuits can ensure that defendants take responsibility for their actions and that victims receive compensation for their injuries. While these lawsuits are not appropriate in every case, they can be an effective tool for holding wrongdoers accountable and protecting the rights of consumers.
Who Can be Held Liable for a Defective Product Injury?
When you are injured by a defective product, you may wonder who can be held liable. The answer depends on the type of defect and the parties involved in the product’s manufacture, sale, and distribution. For example, if a design defect makes a product unreasonably dangerous, the designer, manufacturer, and possibly the retailer could all be held liable. On the other hand, if the injury was caused by a manufacturing defect, such as a flaw in the materials or assembly, the manufacturer would likely be held responsible. Here are some of the parties that can be held responsible in a product liability case:
Manufacturer
A product liability case arises when a person is injured by a defective product. In order to be held liable, the manufacturer must have failed to exercise reasonable care in the design, manufacturing, or warnings associated with the product. There are several ways that a manufacturer can be held responsible in a product liability case. First, the manufacturer may have designed the product in a way that made it unreasonably dangerous. He may have also failed to use reasonable care in manufacturing the product, leading to defects. The manufacturer may not have provided adequate warnings about potential dangers associated with the product.
Retailer
All businesses have a responsibility to ensure that their products are safe for consumers. This is especially true for retailers, who play a key role in getting products into the hands of customers. In the event that a product is found to be defective or dangerous, retailers can be held liable for any injuries or damages that occur as a result. Retailers should carefully vet all products before agreeing to sell them. This includes checking for any recalls or safety warnings. They should provide clear and accurate product information to customers so that they can make informed choices about what to purchase. Retailers should also take prompt action if they receive any complaints about a product.
Wholesaler
Wholesalers play an important role in the distribution of products and are often responsible for ensuring that products reach consumers in a timely and efficient manner. However, they can also be held liable in product liability cases if it is found that they were negligent in their duties. For example, failing to inspect products for defects and not ensuring that the products are properly packaged and labeled can go against the wholesaler.
What Damages Can an Attorney Help Me Recover in a Product Liability Lawsuit?
H Groves Law attorneys can help you recover economic damages, which are financial losses that you have suffered because of the incident. These would include medical expenses, lost wages, and damage to your property. You may also be able to recover noneconomic damages, which are more difficult to quantify. These would include pain and suffering, emotional distress, and loss of enjoyment of life. Some of the most common damages that we are easily able to recover are as follows:
- Compensatory damages – Compensatory damages are intended to make the injured party whole again, but they cannot undo the harm that has been done. They are paid to the injured party to compensate them for their losses. These damages can include medical expenses, lost income, and property damage.
- General damages – General damages are those that are not due to a specific incident or injury but are instead a result of the product itself. For example, if a person suffers from depression after taking a certain medication, the damages would be considered general.
The Elements of a Successful Product Liability Claim
In a negligence claim in a product liability lawsuit, it’s necessary for plaintiffs to prove the following elements:
The plaintiff suffered losses or injuries: In order to establish a prima facie case of negligence, a plaintiff must be able to show the duty of care owed by the defendant, that the defendant breached that duty, and that the breach was the proximate cause of the plaintiff’s injury or losses. If the plaintiff is able to do so, then the burden of proof will shift to the defendant to show that he or she did not act negligently.
The product is defective: A negligence claim can also arise when a product is defective and causes harm to the consumer. To win such a claim, you need to prove that the defect was the cause of your injury and that the injury would not have occurred if you had used the product as intended.
The defect was the actual and proximate cause of the injury: It is essential to establish that the actions of the defendant were the actual and proximate cause of the injury of the plaintiff. In other words, the plaintiff must show that the defendant’s actions were both directly responsible for the injury and that the injury was a foreseeable result of those actions.
Talk to an Atlanta Product Liability Lawyer
If you have been injured by a defective product, the law may be on your side. At H Groves Law, we understand the complex nature of product liability cases and are committed to helping our clients receive the compensation they deserve for their injuries. Let us put our experience to work for you – call us today at (770) 329-1868 to discuss your case!
