Personal Injury Attorney
If you were injured by a product, this is considered a product liability case. Georgia law states that any defects in a product that directly causes injury to the consumer or user is the responsibility of the producers of the product. This can be any entity along the chain of manufacturing including designers, manufacturers, distributors and retailers. Whether the product is made poorly, marketed for the wrong use, designed incorrectly or anything else, if their mistake causes injury, they can be held liable. You should call The Berry Law Group and speak to aAtlanta personal injury lawyer today.
Examples of a product liability case include purchasing a space heater that expressly says it can be left running unattended. Then, when left unattended it starts a fire. If the claim had not been made that it could be left unattended, it may not have been a product liability case. Since it promised that it could be and then caused injury, any injuries from the fire can be the ruled at the liability of the manufacturers who designed the marketing and information material with the help of an defective product lawyer. Another example includes a life vest that does not float and therefore does not save a person from drowning. The purpose of a life jacket is to float and save lives. Even if it does not express on the packaging that the life jacket is going to float, that is the use of a life jacket and that is what is expected. Whether the lack of floating was because of a poor design or the incorrect material used or a defect in manufacturing, the manufacturers, designers or distributors can still be held liable.
Product Liability Attorney
There are several different ways that a product can be defective. A product liability lawyer can help you decide what kind of defect it was that caused your injury. The most important aspect of a product liability case is that there was something wrong with the product and that it directly led to your injuries or a wrongful death. The ways that a product can fail include the following:
Manufacturing Error - This is the most common when an error is made during the creation of the product. This can range in anything from the use of the wrong material to incorrect assembly to forgetting to add features. If any type of error is made during the manufacturing of your product and that error leads to an injury, the manufacturers can be held liable with a successful lawsuit by a defective products attorney.
Design Flaw - This include any defects that were the result of being designed poorly. A design flaw can include the lack of adding safety features, the decision to use the wrong materials or a poor design that causes something to explode or be extremely dangerous to the user. Continuing with the life jacket example from above, a jacket can be design correctly in every aspect but when it's finally manufactured the materials used are too heavy and the jacket does not float properly is an example of a design defect.
Failure to Warn/Marketing Misrepresentation - This includes cases were a warning label was not put on a product or, as in the space heater example above, the marketing for the product promises that it can do something that it cannot do or cannot do safely. Products need to list all of their hazards on the packaging and need to make sure warning stickers are placed where they can be seen by every user.
Any product can be a defective product. Some of the most common products include life saving devices such as medical equipment and wheelchairs, otherwise dangerous items like cars and lawn mowers and sensitive products like prescription or over the counter drugs. The product has to cause injury in order for it to be a product liability claim and in cases where the product caused the loss of a loved one's life, a wrongful death lawsuit can also be pursued. For more information on any of these product liability issues, call the product liability lawyers at The Berry Law Group.
Personal Injury Product Liability Lawyer
Any type of problem or malfunction in a product can be considered a defect. If the defect leads to serious injury or wrongful death then you should speak to aAtlanta personal injury lawyer right away. There are strict time limits in Atlanta for when you can file a product liability case. A product liability injury can be caused by defect that generally fits into one of the following 4 categories:
Negligence - When a designer, manufacturer, or producer is negligent at any part of the process that leads to a defect and injury, it is called negligence. Examples include the failure to perform proper safety testing, the failure to make sure all warning labels are visible and understandable to the consumer, or the failure to do everything in their power to make sure the product is safe as possible.
Intentional Misrepresentation - This is sometimes referred to as fraud and it occurs when the distributor or manufacturer promises uses that the product cannot be safely used or if the packaging does not list all of the hazards of the product. It usually needs to be shown that the manufacturer was aware the product could not do what they were promising but marketed it as that anyway.
Breach of Warranty – When you purchase any product there are 2 types of warranty. The first is an implied warranty which is that the product will do what you can assume a product of that nature is supposed to do. For example, when you buy a life vest it is implied that it will float and save lives. The other type of warranty is an express warranty. This includes claims made by the manufacturer, distributor or retailer about what the product is capable of. If the product fails to meet the promises of either warranty and this results in injury, you should speak to a product liability lawyer.
Strict Tort Liability - This is the easiest type of product liability claim to prove because you only have to prove that there was a defect in a product and that it directly led to injury. In many personal injury cases you and your product liability lawyer will not be able to figure out why the defect occurred. For example you will probably not be able to tell if a product defect was due to poor design or if it was made incorrectly. You may also not know if the producers were aware of the defect or not.
If you were injured by a product that was designed, manufactured or labeled incorrectly you may have a product liability case. Call the personal injury lawyers in Atlantaat The Berry Law Group right now. We believe in fighting to get our clients the compensation that they need and deserve.