Product liability injury cases arise when a manufacturer or distributor of a defective product causes harm or death to a person. The three main actionable product defects apply to:
- Manufacturing – Defects caused during production that make an item dangerous to use
- Design – Poor product design or improperly tested items that are unsafe or dangerous
- Marketing – Failure to provide clear warning labels or instructions
Our product liability attorneys serving Kennesaw could provide you with a free consultation to determine your legal options if you suffered an injury or illness by using a defective product.
How Does an Injury Lawyer Prove a Product Liability Case?
If a defective product causes injury or death, we could take specific steps to determine if a claim is actionable. Our product liability attorneys help their clients to prove their cases by:
- Investigating the cause of the accident to identify liable parties
- Hiring industry experts to inspect evidence and help establish the product was defective
- Analyzing the medical history and current medical status of the injured person or the deceased to assess the physical, emotional, and financial impact of the harm they suffered
- Calculating the value of your damages to determine how much compensation you could be entitled to recover
- Negotiating on your behalf for a fair settlement or verdict
Our team can evaluate the product against their competitors. By analyzing what the competitors are doing, we can assess:
- Whether the injury could have or should have been prevented
- If safety devices were missing
- Whether the manufacturer omitted safety warnings
- Alternative product design that would eliminate the issue altogether
When any of these factors are true, we know there is a case to pursue the responsible manufacturer or distributor for a settlement or verdict comparable to the extent of harm suffered by the victim.
For a free legal consultation with a product liability lawyer serving Kennesaw, call (404) 888-8888
How Much Compensation Could I Recover?
Under Georgia law, anyone who has injured themselves or is filing a case as a beneficiary of the victim of a defective product can make a compensation claim. Compensation available to an injured person is not capped. However, the state’s comparative negligence laws still apply. This means, if you are found to have contributed to your injuries, the value of damages awarded will be reduced.
The amount of compensation you could receive largely depends on the facts of your case and how the injury or illness has affected your life and ability to work. As a general guide, settlements or verdicts (if your case goes to trial) are awarded to offset losses such as:
- Current and ongoing medical bills and rehabilitation costs
- Lost wages and compensation for future lost wages
- Pain and suffering
- Reduced quality of life and loss of enjoyment of life
- Loss of consortium
Victims, in some instances, may also be eligible to sue for punitive damages where there is clear evidence the responsible party showed willful misconduct or gross negligence. Examples of such cases include the class action lawsuits involving 3M earplugs, Roundup, and Zantac.
Review our case results to give you an indication of what an injury claim could be worth. These include a $1.9 million settlement recovered on behalf of our client in a product liability case involving defective equipment. However, remember that compensation is determined on a case-by-case basis.
Kennesaw Product Liability Lawyer Near Me (404) 888-8888
Are Product Liability Cases Difficult to Prove?
Product liability is a complex area of the law. There are many ways to prove fault through the following causes of action:
- Negligent acts or inaction
- Fraud or misrepresentation
- Failure to warn
- By way of strict liability
- Breach of warranty
Responsibility in product liability cases can rest with several liable parties and involve highly scientific and technical issues. Therefore, our Kennesaw team might need to retain industry experts to analyze evidence and provide testimony to support your case. As such, working with a product liability injury lawyer with experience and demonstrable results in this complex area of litigation could benefit you.
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What Qualifies As a Defective Product?
A defective product can be defined as an item used for its intended purpose that is unreasonably dangerous. Responsibility in such cases can rest with a manufacturer, retailer, or wholesaler, commonly involving:
- Pharmaceutical drugs
- Workplace machinery and equipment
- Children’s toys
- Household appliances
- Cleaning products
- Medical devices
A recent example is the talcum powder lawsuits against Johnson & Johnson. The company knew and failed to warn consumers of the increased risk of cancer and respiratory illness associated with using their product for over 40 years.
How Long do I Have to File My Case?
In Georgia, an injured person generally has to file a defective product personal injury lawsuit two years after they were injured. The same time frame applies to surviving victims of a defective product per O.C.G.A. § 9-3-33.
Outstanding Results, Personalized Attention, Uncompromising Integrity
At Bader Scott Injury Lawyers, we are ready to help you with every aspect of your defective product injury case. Our goal is to guide you through the legal process and fight for the compensation you deserve to move on with your life.
We provide our services on a contingency-fee basis, meaning there are no lawyer fees to pay unless your Kennesaw product liability case is successful. Our lawyers take our fees from your settlement or verdict. In some cases, the defendant may be responsible for paying the legal fees. For a free consultation, call (404) 888-8888 and discuss your legal options with our team.