Everything you buy from a retail store or an online seller should be reasonably safe if you use it appropriately and follow all included safety instructions. Unfortunately, not every manufacturer who sells to Georgia residents will meet this basic safety standard with all their products. Their failure to provide safe products sometimes cause serious injuries to the consumers.
You would benefit from working with a College Park defective products lawyer. The lawsuits based around unreasonably dangerous products work differently from other types of personal injury claims. You will need an attorney who understands the unique qualities of these claims, so give us a call for a free consultation to talk about your potential case.
Holding a Manufacturer “Strictly Liable” for an Injury
While it is possible to base a defective product claim around a theory of negligence, it is often easier to file suit against the manufacturer under a theory of strict liability. Rather than requiring the injured person to prove a negligent act by a defendant directly caused their injuries, strict liability defective product claims only require plaintiffs to prove the following:
- A defect existed in the product when it left the hands of the manufacturer
- The product was in the same condition when it reached the consumer as it was when it left the manufacturer’s direct control
- The person using the product suffered a physical injury directly caused by the specified defect
- The injured person was using the product for its intended purpose, or in a way the manufacturer reasonably should have foreseen
A product’s fundamental design and conception, errors made during its manufacture or assembly, and a failure by the manufacturer to provide sufficient instructions and warnings for safe use on the product’s packaging often lead to this type of lawsuit. All of those situations represent a reasonable cause of action for a product liability suit in College Park.
What Damages Can Someone Seek for a Defective Product?
All the same economic and non-economic losses that could be factored into a typical personal injury claim can also be worked into a defective products lawsuit, including:
- Medical bills
- Lost income and/or working capacity
- Personal property damage, including costs of replacing the defective product
- Physical pain and suffering
- Emotional/psychological trauma
- Lost consortium and/or overall enjoyment of life
Georgia law requires a potential plaintiff to file their claim no later than two years after being hurt and no more than ten years after initially buying the defective product in question. It is important to consult a College Park product liability lawyer about the statute of limitations, as there are specifics that may be difficult to navigate alone.
Find Out How a College Park Defective Products Attorney Can Help
There are unique factors involved in filing an injury lawsuit against a manufacturer. Given the complexity of the defective products, it is important to do so with help from a skilled attorney.
Take the first step and reach out to a College Park defective products lawyer. Give us a call. Consultations are free.