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 or a family member were hurt by a defective product, you’ll want to contact a Sandy Springs product liability lawyer as soon as you can.
Our Sandy Springs product liability 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.
Let’s discuss the details of your situation and how we can help you, starting with a FREE consultation and case evaluation. Call (404) 400-4000 or contact us online to get started for FREE today.
What to Understand About Product Liability Law in Sandy Springs
Georgia’s laws regarding product liability are outlined under Georgia Code § 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.
There Are Four Elements to Prove
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.
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. At John Foy & Associates, we are happy to provide you with a FREE consultation to answer your questions and get to know you and your case. Call us at (404) 400-4000 or contact us online to get started today.
Types of Product Defects
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.
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, call us today. We can help you know what to do next.
Common Defenses to Product Liability Claims
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 or
- 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 Lawyer for Free Today
At John Foy & Associates, we 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 at (404) 400-4000 or contact us online.