Atlanta Product Liability Attorneys
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 (866) 249-5513 or (404) 995-3955 for a free case evaluation.
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.
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 a recall
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.
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.
There are many different impacts that a defective product can have on your life, and so there are many different ways to receive compensation for your injuries when going to court for product liability. Here are some of the most common types damages you can recover in a claim:
- Medical Expenses: Injuries require medical care, and that care doesn’t come for free. In the case that you are physically harmed from a defective product, you shouldn’t have to pay your own medical fees. In a well-planned claim, those deemed liable would be paying that expense instead.
- Disfigurement: Not all injuries heal or fully fade. In this case, you may claim disfigurement. This is classified as permanent or long-term cosmetic damage due to an injury.
- Disabilities: Injuries from defective products can lead to disability including paralysis, brain damage, blindness, and deafness, among others.
- Mental Anguish: Mental anguish refers to the psychological damage that has been caused. It can have an extreme impact on you, even if it is not as evident as physical injury. Your relationships, family life, work performance, and even your ability to enjoy life can be severely damaged.
- Loss of Income: This includes any extra expenses paid, as well as any income lost while you recover. That isn’t just for days of work that you missed, however. It also includes any lost wages due to the potential impact on your future career, plus any reduction in work performance.
- Pain and Suffering: Injuries hurt more than just your pocket. A court allows for you to claim for pain and suffering you have been through due to and injuries sustained while using the faulty product.
- Loss of Consortium: Your life may not be the only one impacted. Your loved ones may also be suffering. Perhaps your spouse took time off from work to care for you. Maybe your children have had to drop extracurricular activities in order to help around the house. Loss of Consortium allows your family members to make a claim for the impact that the flawed product has had on their life as well.
It is impossible to say exactly how much you will receive in damages in a product liability case. All cases are different and present unique challenges. The court will have the final say in what is given, and each state has its own rules around product liability claims. Georgia has a modified comparative negligence rule. This means that the court will consider how much you and whoever is held liable are to blame.
So, if you are found to be 30% at fault, and you are going to be paid for damages, then the amount you are paid will be reduced by 30%. This rule also means that if it is determined that you are over 50% at fault for any damages caused by the defective product, then you cannot be awarded any compensation.
It is not uncommon for manufacturers to try and use the modified comparative negligence rule to try and point a majority of the blame at the victim. You need an experienced product liability lawyer on your side to make sure you receive every penny you are owed.
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 (866) 249-5513 or (404) 995-3955.
Recent Product Liability Verdicts and Settlements
- $400,000 Settlement - Defective kitchen appliance resulting in burn injury.
- $275,000 Settlement - Defective medical device causing injury.
- $100,000 Settlement - Hospital fall resulting from a defective shower seat.
Click here for more verdicts and settlements.
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Wrongful Death Day Care Case