Product liability law gives you the right as a consumer to sue any manufacturer or retailer who knowingly provided you with a faulty product. These cases can be quite serious in both the injury and the lawsuit itself. Any individual who is trying to get compensation from a company or retailer has little chance of success without a qualified and dedicated attorney.
Product liability cases are very complicated and often require expert testimony. That’s why it’s important to get in touch with a product liability lawyer. John Foy & Associates has been practicing this sort of law in Atlanta for more than 20 years. Because product liability laws are often state-specific, it’s important to contact a local product liability attorney in Atlanta.
What Is Product Liability?
Product liability law requires a manufacturer or retailer to provide safe and secure products. If you’ve been injured or someone you love has been killed as a result of a dangerous product, you could have a product liability case.
When you have been hurt by a defective or harmful product, the best thing to do is contact a lawyer about your situation. Many people make mistakes like signing away their rights or telling the insurance company something they shouldn’t have–an Atlanta product liability lawyer can keep you from being taken advantage of.
to find a John Foy office near you
Can You Sue for Product Liability?
Yes, you can sue for a product liability case, as long as your situation meets certain criteria. Even if you do have a valid claim, suing often isn’t even necessary. Most cases are settled outside of court–companies want to do all they can to keep from going to trial over a product liability claim.
To have a valid product liability claim, one of three things must be true:
- A product has been defectively designed
- A product has been defectively manufactured
- There was a failure to warn the consumer adequately. This is often referred to as a “Marketing Defect.”
If you’re not sure whether you have a legitimate claim on your hands, a product liability lawyer in Atlanta can help. At your initial consultation, your attorney will assess your case and tell you what your options are.
Atlanta Product Liability Lawyer Near Me 404-400-4000
What Is Strict Liability?
Strict liability in tort law means that there is no question that the defendant is responsible for the harm. This is meant to discourage reckless or unethical behavior on the part of the manufacturer or seller.
If you are driving down the road in your relatively new car and your engine blows up because of one part, the part’s manufacturer is strictly liable. No one else can be held accountable for this defect.
What Does “Res Ipsa Loquitur” Mean?
Res ipsa loquitur literally means “The thing speaks for itself.” Product liability lawyers often use this term to prove that a certain defective product was responsible for their client’s injuries. This allows the plaintiff the presumption that the product was the cause of their harm.
A common example is of a man found lying in a pool of blood next to a cracked garden pot. You can assume that the pot fell from up high, hit him on the head, and caused the damage. No witness has seen this accident, but anyone can put together the pieces.
Failure to Warn in a Product Liability Case
When you file a product liability claim for the failure to warn, it is a slightly different situation than a simple defective product. In general, a product that has a chance to cause specific injuries or medical problems must come with a warning about that danger. If a company fails to adequately warn about an issue, it could be liable.
If a company knows of a certain defect or possible danger of using its product, it has an obligation to warn its consumers. Even if there is a warning, if it is not comprehensive, noticeable, or understandable, it could still be insufficient.
An Atlanta product liability lawyer can hear you out and tell you if you have a failure to warn claim. Don’t hesitate to contact a lawyer for a free consultation, even if you’re not sure whether you are a victim of a negligent manufacturer.
For a free legal consultation with a product liability lawyer serving Atlanta, call 404-400-4000
What Are Some of the More Common Product Liability Cases?
There is a wide-ranging list of typical product liability cases, including car parts, especially tires, chainsaws and other dangerous tools, and pharmaceutical drugs.
The Ford Pinto and the McDonald’s hot coffee case are perhaps two of the most stunning examples of this type of case. For only $11 a car, Ford could have prevented gas tanks from exploding. And even though the McDonald’s case is still perceived erroneously by some as a frivolous lawsuit, the 79-year-old plaintiff suffered horrific third-degree burns in her pelvic area.
Both lawsuits changed corporate behavior. Most dangerous equipment comes with careful warnings. A sticker on a chainsaw, for example, will tell you to wear goggles and not to operate this tool while under the influence of drugs or alcohol. But any type of product can be imperfectly made.
That’s why, if you think you’ve been harmed, it’s important to contact an attorney and find out your options.
Who Can Be Held Liable for a Defective Product?
Liable parties are any entity in the product manufacturing chain—that means the manufacturer, parts supplier, wholesaler, and retailer. Any party that failed to uphold the standard of care to keep consumers safe could be held liable for the defective product.
You, as a client, should not be concerned with who is liable. We have a team of experts and investigators who will thoroughly scrutinize your case to pinpoint liability. Our personal injury lawyers in Atlanta know where to look to find out who was responsible.
What Do You Need to Prove in a Product Liability Case in Georgia?
In the state of Georgia, the plaintiff must prove:
- There was an injury.
- Someone or an entity was negligent.
- Someone was at fault for what happened.
- The cause of the injury was, in fact, the product.
Those may seem obvious to you, but you and your lawyer have to have convincing evidence of the negligence and the fact that it caused your injury. That’s why it pays to have a skilled lawyer on your side for your case. Without a thorough investigation, you may be missing the materials you need to show that you are owed compensation.
When Is a Class-Action Lawsuit Appropriate?
A class-action lawsuit is appropriate when there are many plaintiffs suing against one defendant based upon similar circumstances. This is called a mass tort and was instituted in U.S. law to be the most economical way to seek justice. In a product liability class action lawsuit, attorneys often seek out other plaintiffs through mass mailings and the media.
Pharmaceutical cases are often brought forth as class action lawsuits because hundreds of thousands of people have been affected by a particularly harmful drug.
The weight-loss drug Sensa is a classic product liability case. Manufacturers were ordered to refund anyone who took the drug by the Federal Trade Commission. The company was found guilty of deceptive advertising
If your lawyer believes that you may be eligible for a class-action lawsuit, or even eligible to start a class-action lawsuit, they will do their best to show that you are part of the group of people who are owed money by the manufacturer. If you’re aware of other people affected by your issue, let your attorney know as soon as possible.
How Do I Know If I Have a Product Liability Case?
The best way to know if you have a product liability case is to contact an attorney. Delay is the worst enemy of any lawsuit. You have a limited amount of time to bring any type of legal action– there’s always some sort of deadline. T
The sooner you contact an attorney the faster you will know your legal options. Don’t wait until your time to take action has run out. Our team of product liability attorneys in Atlanta will give you honest, ethical, and free advice.
What Are Some Common Defenses to Product Liability Claims?
Companies always want to save money, so you should assume that the other side will stage a very aggressive defense against you as the plaintiff.
They’ll fight that the product was not the cause of the injury. They’ll say that the victim assumed the risk of using that dangerous product or that he or she was negligent, or even that the victim was using the product improperly. And, they’ll say that the statute of limitations has run out and you no longer have the right to sue.
Take this hypothetical case: A chainsaw is a known dangerous product, it’s reasonable to assume that if you use it you must be very, very careful. The warning signs are clear and you must use goggles. If you harm yourself using it, the defendant can say that you should have known this and that their product was not faulty, you were negligent.
Each state has its own laws, so call an attorney right away. Our experts will investigate previous cases around this product. They’ll look for manufacturing defects and more.
Consumer Protection Statutes in Georgia
There are many federal and state laws and regulations designed to protect the consumer. Lemon laws vary from state to state, but they were first enacted in the 1970s to allow car buyers to return faulty vehicles. There is also Georgia’s Fair Business Protection Act, which is general protection against deceptive business practices.
The Georgia Department of Law Consumer Protection Unit has numerous resources as well. Their specific goal is to protect the public good, they are very clear that they cannot act as your attorney.
Talk to a Product Liability Attorney in Atlanta Toda
Defective product Injuries are complicated cases and if you decide to file suit, your opponent in court will be experienced corporate lawyers and insurance companies that only want to keep you from getting any compensation.
Do not try to fight this on your own. You need a reliable and ethical firm behind you. Atlanta product liability lawyers John Foy & Associates are a large firm with more than 100 employees dedicated to helping you recover your losses and get on with your life.
Don’t wait too long. Call us or contact us online to get your FREE consultation with one of our Atlanta product liability attorneys, available 24/7.