When you buy something, you expect it to work and be safe to use.
Unfortunately, defective products harm countless people.
If you were injured by a defective product, you have the right to pursue compensation for your damages.
An Atlanta product liability lawyer can help.
At Wade Injury Law, our personal injury lawyers have lots of experience with product liability cases.
What Exactly is a Product Liability Case?
A product liability case is when a plaintiff sues a manufacturer or retailer because they did not provide safe and/or properly functioning products.
To succeed with a product liability case, you have to prove one of three elements:
A product had a defect in its design;
- A product was manufactured wrong; or
- There was no warning to the consumer (a marketing defect).
When this occurs, a defective product attorney can help hold the necessary parties responsible.
Depending on the circumstances, there could be many parties who need to be named in a product liability lawsuit. Everyone in the product manufacturing chain could have some part in the defect. This includes the manufacturer, suppliers, wholesaler, and the retailer.
You shouldn’t have to worry about who exactly is liable. Your Atlanta product liability lawyer will find out who is liable for your injury.
To be successful in a product liability case, must prove several elements:
- You were injured;
- Someone else was negligent;
- Someone connected to the product was at fault for what happened; and
- The cause of your injuries was due to the product in question.
What Makes a Product Defective for Lawsuit Purposes?
In Georgia, a product is unreasonably defective when it’s dangerous to use. The emphasis is on “unreasonably” because some products can be dangerous, but that doesn’t make them defective.
Think about products you use on a regular basis that can cause harm. Have you ever cut yourself with a knife? That is a dangerous product, but it is not defective since it’s purpose is to cut through objects. A knife manufacturer wouldn’t be liable for every person who hurt themselves while using it. This is because the benefits of a knife outweigh the danger it poses.
What would make a knife unreasonably dangerous? If the knife was manufactured wrong, it could result in a weak handle. The knife might break off in your hand, causing a serious cut. A defective product is looked at from the standpoint of its intended use.
A lot of things are dangerous if you don’t use them correctly. For example, medication is fine when taken in proper dosage. But what happens if you use four times the recommended dose? It can be unreasonably dangerous if you take too many pills, but it doesn’t mean the pills are defective. Any injuries or illness in this case are due to your negligence in overdosing.
Examples of Product Liability Cases
To understand different types of product liability claims, here are some common categories:
Defective Automotive Equipment
Defective car gear includes brake shoes that overheat and break during a stop. Some cars may even be defective, like a truck or SUV that rolls over during normal driving conditions.
Pharmaceuticals and Medical Devices
There are many defective drug cases. They involve anything from misleading advertising (failure to warn) to life-threatening side effects. Defective medical devices also fall under this category. Hip implants, pacemakers, faulty surgical equipment, and prosthetics fall under faulty medical devices.
Children and Babies Toys
There are high standards for toys made for babies and children. This is especially the case if there are parts that could break off and cause a child to choke.
Examples of household machinery are lawn mowers, heaters, and weed-whackers. They can cause severe injuries and death if they are defective.
There are thousands of products in your home that could have the potential to cause harm. There is a higher standard for plaintiffs in these cases because many consumers cause the injuries themselves.
Are Product Liability Cases Filed as Class Action Lawsuits?
A common question attorneys get is whether a product defect claim is a class action lawsuit.
The answer depends on the parties and the product. A class action lawsuit happens when there are a lots of people making product defect claims against someone for the same incident. The reason for this is to combine all the litigation to seek justice. Some attorneys find more plaintiffs by advertising or sending out mass mailings.
Some types of product defects lend themselves to more of a class action suit. This often happens with pharmaceutical cases. The reason is because the same drugs harmed hundreds of thousands of people.
Contact a Defective Product Lawyer in Atlanta
If you have an injury from a defective product, contact a product liability lawyer right away. Investigating a product liability claim takes a lot of time.
The sooner you get an attorney the better.
Contact Wade Injury Law today to schedule a consultation. Our skilled Atlanta product liability lawyer will evaluate your case and tell you how to proceed.