Atlanta Product Liability Attorneys
Defective Product Claim
Manufacturers have a legal responsibility to design, produce, and sell products that are safe for consumers to use as instructed and are free of defects. Product liability law helps ensure that products sold to consumers from manufacturers, vendors, or wholesalers are safe and that these entities are held liable should any injuries or deaths result from the use of their products. Consumers are given certain legal rights when purchasing any sort of product, and laws relating to product liability provide you protection should the product cause you or a loved one harm.
If you have suffered injuries due to a defective product, you may be entitled to compensation for all related damages. However, you will need help from an experienced Georgia personal injury attorney if you wish to attain a full and fair settlement. Here at Grant Law Office, our reputation for success has been garnered over many years of hard work and practice in personal injury law. Because we are confident in our ability to excel inside and outside of the courtroom, we do not back down from any opponent, even those associated with powerful companies. Call us today at (404) 995-3955 for a free case evaluation.
On What Basis Can I File a Product Liability Claim in Georgia?
Georgia law recognizes three separate legal theories that apply to cases in which an individual has been injured by a defective product: negligence, strict liability, and breach of warranty.
What is Negligence?
All manufacturers are expected to exercise reasonable care with their products. They may be held liable for an injury or death if they contribute to the accident in any number of ways, including the following:
- Bad design
- Inadequate testing or inspections
- Inadequate instructions, warnings, or labels
- Untimely issuance of recall
What is Strict Liability?
Georgia law states: "The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained."
In summary, if a victim can prove that a product was defective, that it contributed to his or her injuries, and that it was excessively dangerous, then he or she can hold the manufacturer or seller responsible for damages through strict liability, even if fault or intent cannot be established.
What is Implied Warranty?
A breach of warranty occurs when a product fails to meet the expectations given to the consumer by the manufacturer. Product liability law expects manufacturers to stand by their product, to validate any statements they make regarding the product, and to fulfill any obligations guaranteed to consumers.
Under Georgia law, an employee of the liable company in a dangerous product case cannot recover damages for a breach of warranty since "privity of contract" applies to implied warranty theories. Also, wrongful death claims cannot be based on a breach of warranty due to an arbitrary restriction in the language of the state's wrongful death statute.
Why Do I Need an Atlanta Product Liability Lawyer?
If you are filing a lawsuit against a manufacturer of a defective product, chances are you will face highly paid and well-trained professionals who specialize in reducing settlement amounts or denying claims altogether. If you try to fight this legal battle alone, then you will most likely fail to attain full and fair compensation. Only with the assistance of an attorney from Grant Law Office will you be able to have a fighting chance at achieving an optimal case outcome. Contact our offices today at (404) 995-3955 or (866) 249-5513.
Recent Product Liability Verdicts and Settlements
- $100,000 Settlement - Hospital fall resulting from a defective shower seat.
Click here for more verdicts and settlements.