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 engage 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 engage a local attorney. Call our office at 404-400-4000; someone will pick up the phone all day, every day, even Christmas and Thanksgiving.
What is a product liability case?
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. A plaintiff (you) has to prove one of three things:
- 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.”
What are some of the more common product liability cases?
There are a wide-ranging list of typical product liability cases, including car parts, especially tires, chainsaws and other dangerous tools, and pharmaceutical drugs. Lemon laws vary from state to state, but they were first enacted in the 1970s to allow car buyers to return faulty vehicles. 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. 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.
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.
When is a class action lawsuit appropriate in a product liability case?
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 particular 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.
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. Our firm founder John Foy urges, “You have a limited amount of time to bring any type of legal action, there’s always some sort of deadline.” The sooner you contact an attorney the faster you will know your legal options. Don’t wait until your time period to take action has run out. Our attorneys at John Foy & Associates, 404-400-4000, will give you honest, ethical and free advice.
What does “res ipsa loquitur” mean?
Res ipsa loquitur literally means: The thing speaks for itself. This allows the plaintiff the presumption that the product was the cause of their harm. Our firm founder Foy gives the example that a man is 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. “Sometimes you can infer negligence just based upon what ultimately happened,” he said.
What is strict liability?
Strict liability in tort law means that the 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 are the different types of product defects?
Product liability claims generally fall into three categories: a defective design, defective manufacturing or failure to provide an adequate warning, It’s very important to engage expert attorneys if you’ve been injured through some defect. Let us analyze your case and determine if you have a product liability claim.
What are some common defenses to product liability claims?
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 the 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. Each state has its own laws, so call an attorney right away. 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. Our experts will investigate for previous cases around this product. They’ll look for manufacturing defects and more.
Are there any consumer protection statutes that provide for specific remedies for product defects in the state of Georgia?
There are many federal and state laws and regulations designed to protect the consumer. Georgia instituted an automobile “lemon law” in 1990. 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. Their website is http://consumer.georgia.gov. How can I get legal help for a defective product injury? 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. We’d be honored if you choose John Foy & Associates. We’re a large firm with more than 100 employees dedicated to helping you recover your losses and get on with your life. A John Foy & Associates staff member will answer the phone when you call us at 404-400-4000.