Whether you do most of your shopping online or inside brick-and-mortar stores, you should be able to expect that the products you buy are reasonably safe to use for their intended purpose and will generally function as advertised. Unfortunately, not every manufacturer can be trusted to make and sell safe products. Companies that fail to fulfill this basic responsibility can cause significant harm to consumers.
If you sustained an injury requiring professional medical care due to an unreasonably dangerous or flawed consumer good, an Atlanta defective products lawyer can help. Our knowledgeable personal injury attorneys can help you understand your civil rights and seek compensation through a comprehensive lawsuit or settlement demand.
Product Flaws That Could Justify Litigation
There are three types of product defects that may justify a personal injury claim. Customers who suffered harm due to a design, manufacturing, or marketing defect can seek compensation for their losses.
Design Defects
Design defects are flaws that exist in every incarnation of a product because of a fundamental issue with how it is designed. The Ford Pinto is perhaps the most common example of a product with a dangerous design defect, as the positioning and construction of the fuel tank made every Pinto model ever made susceptible to an explosive rupture following a collision.
Manufacturing Defects
An otherwise safely designed product may have an issue crop up during the manufacturing of a particular unit or batch of units, resulting in a manufacturing defect. In some cases, manufacturing defects are as simple as a small mistake during assembly that impacts a specific component that would have functioned safely if installed correctly. Manufacturing defects are more common than one might think and consumers are often shocked to learn that the retailers they know and trust outsource manufacturing to small, sometimes inexperienced, outfits in other countries to save on manufacturing costs.
Marketing Defects
Marketing defects occur when a product manufacturer fails to package and/or sell their product with appropriate warnings about potential hazards associated with the product and instructions for safe use. A product liability attorney in Atlanta can help an injured party determine what type of defect caused their accident and identify the company that is legally responsible for their harm.
When Are Manufacturers Strictly Liable for Product Defects?
Many defective product claims differ substantially from typical personal injury cases. These claims do not require an injured party to prove negligence by the named defendants in order to recover compensation.
Instead, a product manufacturer may bear strict liability for a defective product injury if the defect in question existed in roughly the same form both when their product left their control and when the injured consumer used the product. Strict liability only applies if the injured party used the product as directed and that party’s injuries resulted directly from the defect. A knowledgeable attorney can help injured consumers understand strict liability in defective product claims.
Time Limit for Filing a Case in Atlanta
Defective product cases resemble typical personal injury claims when it comes to the statute of limitations. The Official Code of Georgia §9-3-33 sets the legal filing deadline at two years past the date of injury—or reasonable discovery of injury—in most situations.
Additionally, O.C.G.A. §51-1-11(b)(2) prohibits individuals injured by dangerous products from filing suit more than ten years after the item was first sold by the manufacturer. A diligent lawyer in the area can help plaintiffs draft and file their product liability claims in a timely manner.
Consider Working with an Atlanta Defective Products Attorney
Even the most careful consumers can be subject to significant bodily harm if they end up purchasing something that was designed, manufactured, or sold in an unsafe way. Fortunately, Georgia law allows individuals hurt under these circumstances to pursue financial restitution for their losses from the company that designed, manufactured and/or sold them that dangerous item.
Assistance from an Atlanta defective products lawyer can be key to achieving a positive case result. Call our firm today to learn more.
