Product Liability Lawyer in Atlanta

Product liability law gives you the right as a consumer to sue any manufacturer or retailer who knowingly provided you with a faulty product. A case like this can be quite serious in both the injury and the lawsuit itself.

Anyone who is trying to get compensation from a company or retailer has little chance of success without an Atlanta product liability lawyer. Product liability cases are very complicated and often require expert testimony.

That’s why experienced representation matters. John Foy & Associates has fought for injured Georgians for more than 25 years, recovering over $1 billion for our clients. Find out how our Atlanta personal injury lawyers can help in a free case evaluation.

What is Product Liability?

Product liability law requires manufacturers and retailers 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 attorney can keep you from being taken advantage of.

Can You Sue for Product Liability?

Yes, you can sue in a product liability case, as long as your situation meets certain criteria. Even if you do file a lawsuit, going to court may not be necessary. Most cases settle before reaching that point because most 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:

• Design defect: A product has been defectively designed.
• Manufacturing defect: A product has been defectively manufactured.
• Marketing defect: There was a failure to warn the consumer adequately about dangers of the product. 

If you’re not sure whether you have a legitimate claim on your hands, a product liability lawyer in Atlanta can help. During your initial consultation, an attorney will assess your case and tell you what your options are.

What is Strict Liability Under Georgia Law?

Georgia is a strict liability state for product manufacturers. Under O.C.G.A. § 51-1-11, the manufacturer of a product sold as new can be held liable when the product was not merchantable and reasonably suited to the use intended at the time it left the manufacturer, and that defect caused the injury.

The key advantage of strict liability is this: you generally do not have to prove the manufacturer was careless. You only have to prove the product was defective and that the defect caused your injury, not that anyone acted negligently.

This standard exists to discourage companies from putting unsafe products into the stream of commerce.

Strict Liability vs. Negligence in Georgia Product Cases

Many Georgia product liability lawsuits plead both theories because they prove different things:

• Strict liability. The question strict liability asks is this: was the product defective and unreasonably dangerous when it left the manufacturer? In Georgia, strict liability under the statute applies only to the manufacturer.
• Negligence focuses on the defendant’s conduct: did a party in the chain (which can include a distributor or retailer who negligently handled or sold the product) breach a duty of reasonable care, and did that breach cause the harm?

Because strict liability is directed at manufacturers, negligence theories are often how an injured person reaches non-manufacturer defendants. A skilled attorney will plead the theories that fit the facts and the parties involved.

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.

What are the Most Common Product Liability Cases Today?

Modern product liability litigation looks very different from the cases that defined the field decades ago. Today, the highest-profile categories include:

Defective Medical Devices

Joint implants for hips and knees, surgical mesh for various organs, IVC filters, and CPAP/BiPAP devices have caused serious problems and led to widespread litigation.

Dangerous Pharmaceutical Drugs

Prescription and over-the-counter drugs are a leading source of mass litigation when manufacturers fail to warn of serious side effects. Sometimes, the drugs were poorly designed, contained dangerous ingredients, or were contaminated. Often these problems impact so many consumers that multi-district litigation or a class action lawsuit makes the most sense.

Defective Automotive Parts

Defects in vehicles are common, and faulty parts have caused plenty of accidents, including fatalities. In one of the largest recalls in U.S. history, Takata airbags were linked to inflators that could explode and result in serious injuries caused by flying shrapnel and metal. 

Other cases include defective or ineffective seatbelts, faulty tires, and sticking accelerators, driving serious-injury claims.

Defective Consumer Electronics and Lithium-Ion Products

Lithium-ion batteries have proven to be particularly dangerous products, with malfunctions resulting in serious burn injuries. There have been lawsuits and consumer complaints involving phones, laptops, e-bikes, hoverboards, and vaping devices.

Dangerous Household Products and Equipment

Everyday items in the home like children’s toys, kitchen appliances, and power tools continue to generate claims. Accidents often happen when a product is rushed through safety testing and put on the market too soon.

The U.S. Consumer Product Safety Commission (CPSC) publishes recalls and public safety warnings and tracks product-related injuries nationwide. This is a good place to begin looking if you believe you have a defective product.

The federal government also allows you to check for recalls of vehicles and auto parts. A recall is not required to bring a claim, but it can be powerful evidence that a manufacturer knew of a defect.

Who Can Be Held Liable for a Defective Product?

One or several parties could potentially be held liable for your injuries:

• The product manufacturer
• A component or parts manufacturer
• The distributor or wholesaler
• In some circumstances, the retailer

You don’t need to figure out who’s responsible on your own. Our investigators will trace the defect back through the supply chain to identify every accountable party.

What Do You Need to Prove in a Product Liability Case in Georgia?

In the state of Georgia, the plaintiff must prove:

1. The product was defective (in design, manufacturing, or warnings) and unreasonably dangerous.
2. The defect existed when the product left the defendant’s control.
3. You were injured.
4. The defect was the proximate cause of your injury.

Those may seem obvious to you, but you and your lawyer must have convincing evidence that the product was defective and that the defect caused your injury. That’s why it pays to have a skilled attorney on your side for your case.

Without a thorough investigation, you may be missing the materials you need to show that you deserve compensation.

Mass Torts and Class Actions: What’s the Difference?

When a single defective product harms many people, the law provides efficient ways to litigate the claims together. These two mechanisms are often confused.

Mass Tort / MDL

In a mass tort, many individual plaintiffs with similar injuries from the same product file separate lawsuits through federal Multidistrict Litigation (MDL), which consolidates pretrial proceedings before one judge.

Each plaintiff keeps an individual claim with individually claimed damages and losses. Most modern defective-drug and medical-device litigation proceeds this way.

Class Action

In a class action lawsuit, a large group of people with nearly identical claims is represented collectively, and the outcome binds the entire class. Class actions are better suited to situations where everyone was harmed in essentially the same way.

For example, consumers who all overpaid for a product that was falsely advertised or had to be refunded may fall into a class action. 

Which path fits depends on how similar the injuries are and other factors. If you believe others were harmed by the same product, tell your attorney 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.

The sooner you contact an attorney, the faster you will know your legal options. If you’re wondering if you have a valid injury claim, don’t wait until your time to take action has run out. Reach out for a free consultation and learn how our product liability attorneys in Atlanta can help.

Consumer Protection Laws in Georgia

Consumer protection laws in Georgia may apply to your claim. Here are just a few:

• Georgia’s “Lemon Law” (the Georgia Motor Vehicle Warranty Rights Act) is designed to provide remedies to buyers of certain new vehicles with persistent defects.
• Georgia’s Fair Business Practices Act (FBPA) protects people from deceptive and unfair business practices.
• The Georgia Department of Law’s Consumer Protection Division offers resources and accepts complaints, though it cannot act as your personal injury attorney.
• Federally, the CPSC and NHTSA oversee product and vehicle safety and recalls.

How Long Do You Have to File a Product Liability Claim in Georgia?

Two separate deadlines can end your right to sue, and both matter:

Georgia’s statute of limitations for personal injury, including most product liability injury claims, is generally two years from the date of injury (O.C.G.A. § 9-3-33).

The 10-Year Statute of Repose

Georgia also has a 10-year statute of repose for strict liability product claims under O.C.G.A. § 51-1-11(b)(2). This bars most strict liability claims brought more than 10 years after the product was first sold for use or consumption, regardless of when the injury occurred.

Unlike the statute of limitations, the repose clock runs from the product’s first sale, not from your injury, so a claim can be time-barred even if you were hurt only recently.

There are narrow exceptions (for example, certain conduct showing willful or reckless disregard, and some failure-to-warn situations can be treated differently), but you should never assume an exception applies. Because these deadlines are unforgiving, the single most important step is to contact an attorney promptly so your claim is preserved.

What are the Common Defenses to a Product Liability Claim?

Expect an aggressive defense. Manufacturers and their insurers commonly argue:

• The product did not cause your injury.
• You misused the product or used it in an unforeseeable way.
• You assumed the risk of an obvious danger.
• Your own negligence contributed to the injury (Georgia follows modified comparative negligence, so if you are 50% or more at fault, you recover nothing; if you are less than 50% at fault, your recovery is reduced by your share).
• The claim is barred by the statute of limitations or the 10-year statute of repose.
• The product complied with government or industry standards.

Our experienced legal team can anticipate these defenses, preserve the product as evidence, pull recall and complaint histories, and line up the expert testimony needed to counter them.

Talk to a Product Liability Attorney in Atlanta Today

Defective product injuries are complicated cases, and if you decide to file suit, your opponent in court will have experienced corporate lawyers and insurance companies on their side that want to give you as little compensation as possible.

Do not try to fight this on your own. You need a reliable and ethical firm behind you. John Foy & Associates is dedicated to helping you recover your losses and get on with your life.

Our personal injury attorneys work on a contingency fee basis, so there is no upfront cost, and you don’t pay unless we recover compensation on your behalf. Call us or contact us online to get your FREE consultation. We are available 24/7.