When you buy a product, you expect it to be safe. Products should go through extensive testing before reaching consumers to ensure they will not be harmful in any way. However, this is not always the case.
In some situations, products are not adequately tested. As a result, they can do considerable harm to the consumer. These injuries are grounds for a product liability lawsuit.
Read on to find out more about product liability and what you can do to make sure your rights are protected.
What is Product Liability?
Product liability is a type of lawsuit that is filed when a product that is defective, unsafe, or doesn’t work as advertised causes injury or death. In these cases, the creator, manufacture, or seller of the product will be liable for damages.
Common Product Defects
Many factors contribute to a product being considered defective. Under Georgia state law, these are as follows:
Manufacturing Defect: These occur when the product does not conform to the design specifications. This can be due to human error, the use of substandard materials or machinery failure.
Design Defect: A design defect can be caused by the use of nonstandard materials or not enough safety features or checks incorporated within the product. In these cases, it will have to be proven that the product was inherently unsafe and unfit for use.
Warning or Instructional Defect: These occur when the manufacture does not provide instructions that guide safe usage or does not include adequate warnings on the risks involved with the use of the product. It is up to the manufacturer to include the necessary warnings and instructions, and they are liable for any injuries that occur as a result of insufficient information in this regard.
Types of Claims that can be pursued in a Product Liability Lawsuit
Three different speculations can cause a manufacturer to be seen as responsible for the injury or death caused by a defective product. These are as follows:
Willful Neglect: A manufacturer will be considered to have acted in a neglectful manner if he is found guilty of any of the following:
- Incorrect of the insufficient configuration of the product
- Inability to test or review the product to ensure it is up to standards
- Failure to recall a product before it does harm
- Failure to give sufficient directions or notices regarding the risks a product presents
Strict Liability: In some cases, manufacturers will be liable for defective products, even if there is no proof of negligence. These types of cases are considered strict liability cases. Severe liability lawsuits must be filed within 10 years of the purchase date. Under Georgia law, manufacturers are targeted in these cases, and sellers are protected.
Implied Warning: According to the Uniform Commercial Code in the state of Georgia:
- The product must be suitable for purposes as defined by the seller.
- The product must be suitable for the buyer’s uses, as known by the seller.
However, due to the 19th century Georgia wrongful death statute, a wrongful death suit cannot be brought on the violation of an implied warranty.
Who can file a Product Liability Claim?
A product liability claim can be filed by the injured party, or it can be made by another party on behalf of the victim.
What Kind of Products does Product Liability Law cover?
Product liability law covers a variety of consumer products, including the following:
- Industrial products
- Farming products
- Construction machinery
- Raw or processed food items
The property, real estate, and any enhancements or renovations to a property are not covered.
Finding the Right Lawyer for Your Product Liability Claim
If you have been injured by a product due to a flawed design or a manufacturer’s neglect in warning you of the risks involved with the product, you need a reliable product liability lawyer on your side. Cases like these can get complicated, and you are likely going up against big business with a robust legal team. Bader Scott Injury Lawyers can provide you with the representation you need.
Bader Scott Injury Lawyers is a Smyrna, GA lawyer with years of experience in the field of personal injury law. He has developed a focus that ensures positive outcomes, even in the toughest cases.
He is known for treating his clients with a high level of respect and keeping them in the loop in every step of the decision-making process.
Personal injuries can significantly reduce the quality of life. Don’t let negligent creators, sellers, and manufacturers get away with it. Bader Scott Injury Lawyers will see to it that you get the compensation you deserve.