When you purchase and use a product in Sandy Springs, it’s more than reasonable to assume that the product will not harm you. However, dangerous products sometimes still make it into the market, and that can have significant consequences for those who become injured. If you were hurt by a defective product, you’ll want to contact a Sandy Springs product liability attorney.
Our Sandy Springs personal injury lawyers at John Foy & Associates are here to help. For more than two decades, we have helped individuals injured by defective products all throughout Georgia win compensation for their damages. We are one of the largest and most well-known personal injury firms in the state, and we are not afraid to take on these types of cases.
What Is a Sandy Springs Product Liability Lawyer?
When a company makes a product, especially one that people depend on for their own health and security, that company is expected to make that product to a certain standard, one that ensures a level of safety. That standard is called the “duty of care.” Any manufacturer that doesn’t meet that standard is guilty of negligence.
A product liability lawyer is someone who protects the rights of people affected by defective products and holds negligent manufacturers accountable. Product liability attorneys help people with their claims and ensure that their clients receive a fair settlement. To do that, a lawyer will:
- Investigate your case and gather evidence of negligence
- Calculate the damages that the defective product caused you
- Negotiate with the other party, their lawyer, and the insurance company
- Fight for you in court if your case goes to trial
If you’ve been affected by a defective product, it may be worth hiring an attorney to represent you. You can get a free consultation with a product liability lawyer in Sandy Springs. Our team will listen to your story and tell you what we can do to help.
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What to Understand About Product Liability Law in Sandy Springs
Georgia’s laws regarding product liability are outlined under Georgia Code (OCGA) §51-1-11. Here’s an overview of what to know about a product liability case.
Privity Is Not Required
Privity, or proof that you purchased the product that harmed you, is not necessary to bring a product liability case. You can file a claim even if you were not the person who purchased the defective product.
The Product Manufacturer Is Usually Liable
Most of the time in a product liability case, you will not need to prove that the product’s manufacturer was negligent in the incident that injured you. If a defective product injuries someone, the manufacturer is typically held liable whether or not negligence is clear.
Product Liability Cases Have Deadlines
The statute of limitations for most personal injury cases in Georgia is two years from the date of injury. If the defective product only caused property damage and no physical injuries, you have four years from the date of the damage.
There is a third condition with product liability cases. Sometimes, a product liability victim may not realize they have injuries until later. When you discover your injuries, the legal clock starts ticking from that date on.
However, you still must bring your claim within 10 years from the date of sale or use of the product unless the manufacturer failed to warn customers about the danger of the product after the manufacturer knew about it. In that case, there is no time limitation.
Determining Whether or Not You Have a Case
The best way to know for sure if you have a case is to speak with an experienced product liability lawyer in Sandy Springs. Deadlines can creep up quickly, and product liability cases often require a lot of time for research and case building.
Speaking with a lawyer is the best way to know where you stand and what your legal options are. Only by knowing the specifics of your individual case can anyone tell you if you have a valid claim on your hands.
How do You Prove a Product Liability Claim?
Although you do not have to show negligence in a product liability case, you will need to demonstrate these four elements:
- The product was defective at the time you were injured.
- Your injury resulted from the product’s defect.
- The item’s condition did not change from the time it left the manufacturer.
- You were using the product as it was intended by the manufacturer.
The best way to show all four elements of a product liability claim is by hiring a skilled personal injury lawyer in Sandy Springs. Our attorneys know what to look for in a case and how to prove that you deserve compensation.
Types of Product Defects You Can Sue for
In Sandy Springs and the rest of Georgia, there are three main categories of product defects that result in cases:
1. Defective Designs
Design defects can occur when the product’s designers make a mistake that produces an unsafe product design.
2. Manufacturing Defects
Sometimes, the design of the product is fine but something happens during the production process. A manufacturing error or defect can result in a defective or harmful product.
3. Failure to Provide Warning
If a manufacturer knows about a danger or risk involved with the product, they must provide adequate instructions or warning labels to prevent harm to the customer or user. If the manufacturer fails to do this and it results in an injury, the injured person will have a case.
If you were injured by a defective product that fits into one of the three above scenarios, you will probably not need to prove negligence in your case. It’s typically sufficient to show that the product was definitely defective and that it caused your injuries. That being said, there are exceptions where it might be necessary to show a degree of fault from the manufacturer.
It’s best to speak with an experienced product liability lawyer before making any decisions on your case. Your lawyer will know what is best for you to do to seek the recovery you deserve for your injuries.
Who Is at Fault in a Product Liability Case?
Any number of things can go wrong in the process of manufacturing a product. There are many parties involved, and so anyone down the line could be held liable for your damages if they were negligent.
In most product liability cases, the liable party is any seller who could have sold a defective product. This can include both the retailer that you purchased the product from, as well as a wholesaler who might have provided the product. It could even be a party that manufactures a part of the product.
No matter who was responsible for your damages, you don’t deserve to pay for recovery out of your own pocket. A product liability attorney in Sandy Springs can investigate your case and find what party needs to be held responsible.
Class-Action Lawsuits and Product Liability
When many people are harmed by a defective product, they may have grounds for a class-action lawsuit. During a class action suit, a large group of people is represented together by one member of that group. Lawyers will often look for others who were injured in the same way, often through TV, radio, or mailings.
If you believe you were injured by a product that is part of a class-action lawsuit, contact a Sandy Springs product liability attorney. We have extensive experience with class-action lawsuits and can help you know what to do next.
Common Defenses to Product Liability Claims in Sandy Springs
After someone files a product liability claim, the manufacturer will likely bring the strongest defense they can against you. They might say something like:
- You assumed the product’s risk by using it.
- Your injuries were not caused by the product.
- You were using the product improperly.
- You were personally negligent in the accident.
These types of defenses are often unfounded, but we do not ever advise trying to take them on by yourself. Product liability cases often involve large and powerful companies that have plenty of money lining their pockets. To level the playing field and make sure you are presented fairly, you’ll want an experienced lawyer on your side from the beginning.
Talk to a Sandy Springs Product Liability Attorney for Free Today
Sandy Springs product liability lawyers John Foy & Associates want you to have access to the best legal representation possible for your case. That’s why we bring more than 20 years of experience to the table, and we do not charge you unless we win you money. Plus, the consultation is always free, so there’s no risk in reaching out to us.
To schedule a FREE consultation and case evaluation today, call us or contact us online.
404-400-4000 or complete a Free Case Evaluation form