Defective Product Attorney in Alpharetta

A product liability claim is a civil claim that is brought when a person is injured by a product and the manufacturer or seller of that product can be held liable. The three main types of product liability claims are design defects, manufacturing defects, and marketing defects.

Design Defects

A design defect exists when the design of a product makes it unreasonably dangerous to consumers. To prove a design defect, you must show that there was a safer alternative design available at the time the product was manufactured and that the company knew or should have known about this alternative design.

For example, imagine you were injured by a toy because the toy had small parts that could easily detach and become choking hazards for young children. If you can show that the toy was designed defectively—that is, that there was a safer alternative design available—then you may be able to bring a claim against the manufacturer or seller of the toy.

Manufacturing Defects

A manufacturing defect exists when there is something wrong with the way a product was manufactured, such as when a flaw occurs during the construction of the product. To bring a manufacturing defect claim against a company, you must show that there was something wrong with the particular product you purchased and that this flaw made the product unreasonably dangerous.

For example, imagine you were injured by your car’s airbag deploying unexpectedly while you were driving. If you can show that your car’s airbag had a manufacturing defect—that is, that it was not supposed to deploy in those circumstances—then you may be able to bring a claim against the manufacturer or seller of your car.

Marketing Defects

A marketing defect exists when a company does not provide adequate warnings about potential dangers associated with using their product, or when they make false or misleading statements about their products.

For example, if you were injured because you used a certain medication without knowing about its potential side effects, then you may be able to bring a claim against the manufacturer or seller of that medication for failing to warn consumers about its dangers.

If you have been injured by a defective product, there are some steps you should take to protect your legal rights.

Seek medical attention immediately

Your health and well-being should be your top priority after an injury. This will be the primary evidence if you decide to file a product liability claim.

Gather evidence

Once you have sought medical attention, you should start gathering evidence of the defect and your injuries. This could include taking pictures of the defect, getting a copy of your medical records, and saving any receipts for out-of-pocket costs related to your injuries.
Be as detailed as possible, showing where the defective part of the product is and what caused it to injure you.

Hire an experienced personal injury lawyer

If you were injured by a defective product and want to seek compensation, you'll need a defective product lawyer in Alpharetta on your side who knows how to navigate the complexities of the legal system and who will fight for your rights every step of the way.

In Georgia, product liability claims are governed either by strict liability or negligence.

Strict Liability

Strict liability is a legal doctrine that imposes liability on a person for damages caused by their actions, even if the person did not intend to cause the harm and even if they took reasonable care to avoid it. When a consumer is injured by a defective product, they may be able to bring a claim against the manufacturer or seller of the product. These claims are normally brought under a theory of strict liability. To succeed on a claim of strict liability, the plaintiff must prove the following:

1. The product was defective;
2. The defect caused the injury or damage; and
3. The injured party was using the product in the way it was intended to be used.

Proving that the defect was the proximate cause is usually the most difficult part to prove.

If you or a loved one has been injured by a defective product, you may be wondering how to prove that the manufacturer or seller of the product was negligent. Here is how you prove negligence in a product defect case:

The Manufacturer Owes a Duty of Care

The first step is to show that the manufacturer or whoever you’re trying to hold legally responsible owed you a legal duty of care. This is typically the easiest step to prove, as the manufacturer or seller is always required to make sure what they’re creating and selling is safe.

Establish That The Product Was Defective

You then need to show that the manufacturer breached the duty – this is done by showing that the product was defective.  This can be done by demonstrating that the product did not perform as expected or as advertised. You will need evidence to support your claim, so be sure to keep any receipts, manuals, warranty information, and photos or videos of the defective product.

Show That the Defect Was the Cause of Your Injury

Once you have established that the product was defective, you need to show that the defect was the cause of your injury. To do this, you will need to provide evidence linking the defect to your injury. This may include medical records, accident reports, and testimony from witnesses.

Prove That the Manufacturer or Seller Knew or Should Have Known About the Defect

To hold a manufacturer or seller liable for injuries caused by a defective product, you must prove that they knew or should have known about the defect and failed to warn consumers about it. Sometimes this is done by showing that the manufacturer or seller had received complaints about the defect before your injury occurred. You may also be able to use evidence from government investigations or recalls of similar products.

Show That the Manufacturer Failed to Take Proper Steps to Fix the Problem

Even if a manufacturer is aware of a defect in their product, they may still not be held liable if they took reasonable steps to fix the problem. To prove liability, you will need to show that the manufacturer or seller did not take appropriate steps to remedy the situation—such as issuing a recall or redesigning the product—in a timely manner.

Demonstrate That You Suffered Damages as a Result of the Injury

Finally, you will need to show that you suffered damages as a result of your injury—such as medical bills, lost wages, and pain and suffering.

When you or a loved one are injured by a defective product, it is important to know your legal rights and options under Georgia law. Consumers in Georgia have a limited time in which to bring a claim against the manufacturer, seller, or distributor of a defective product under the state's product liability laws. This time limit is known as the "statute of limitations." If you miss the deadline to file your claim, you will be barred from pursuing compensation for your injuries.

In Georgia, the statute of limitations for most product liability claims is two years from the date of the injury. There are some exceptions to this general rule. For example, if the injury was not discovered until some time after the initial incident (such as with certain latent injuries), the deadline may be extended to five years from the date of discovery. Additionally, if the person who was injured is a minor at the time of the accident, they will have until their 20th birthday to bring a claim.

Product liability lawyers typically work on a contingency fee basis. This means that the lawyer’s fee is a percentage of the amount recovered in the case and is only paid if the case is successful. The fee is usually between 33 and 40 percent.

In addition to the contingency fee, product liability lawyers also charge for expenses in some cases. Expenses are the costs incurred in handling a case and can include court filing fees, cost of serving summonses and subpoenas, expert witness fees, and copying and bindings charges. Sometimes, the client is responsible for these costs whether or not the case is successful. Make sure you speak with your lawyer about your responsibilities before signing anything. 

If you were injured by a defective product, it’s possible that you’re entitled to monetary compensation that will help to cover medical expenses and lost wages. However, the process of obtaining these benefits can be complex and confusing. As a result, many people choose to hire a personal injury lawyer for help. Here’s why you should choose a defective product lawyer in Alpharetta from Morgan & Morgan.

We Will Take Care of the Paperwork and Red Tape

After being involved in a defective product incident, you will likely have to deal with a lot of paperwork and red tape. This can be time-consuming and stressful, especially if you are still dealing with the aftermath of the accident. When you hire one of our lawyers, we will take care of all of that for you so that you can focus on your recovery.

We Have a Successful Track Record

Our firm has a successful track record of winning cases for our clients. We have the knowledge and experience necessary to build a strong case on your behalf and get you the compensation you deserve. If we can’t negotiate a settlement, we are never afraid to take your case to trial.

We Will Fight for You

Insurance companies are often more interested in protecting their own interests than those of the people they insure. When you hire us, we will fight for your rights and make sure that the insurance company treats you fairly.

We have been handling these types of claims for decades.

Contact Morgan & Morgan to schedule a free consultation.