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Alpharetta Product Liability

Alpharetta Product Liability Lawyer

Being injured can cause your entire life to come to a grinding halt, as you must first tend to the immediate injury, then any necessary follow-up medical treatment or rehabilitation you need. Additionally, your injury might make it so that you cannot work until you are fully recovered, or if your injury is one that will have long-term effects, you might lose the ability to work ever again.

Sometimes, serious injuries that disrupt your life happen due to consumer products that are defective or unreasonably dangerous. When you trust that a product is safe and it instead causes you serious harm, it is natural for you to wonder how you can seek justice and financial compensation for your injuries and losses. 

To explore options in your product liability case, reach out to one of the experienced Alpharetta product liability attorneys at Spaulding Injury Law. We can assess what happened and explore what compensation might be available to you from the manufacturer of the product in question.

Many Products Can Cause Injuries

Injuries can result from almost any type of product – including those we trust and have in our own homes. Some commonly defective or recalled products include:

  • Child and infant products
  • Electronics
  • Pharmaceuticals and medical devices
  • Furniture
  • Motor vehicles
  • Appliances

These products can cause a wide range of injuries, from back or neck injuries to serious burns to catastrophic traumatic brain injuries. No matter what type of product injured you, always learn about your rights from a personal injury lawyer in Alpharetta.

When Can I File a Product Liability Claim?

You can file a product liability claim in a few situations – mainly when a product is dangerous due to a design or manufacturing defect and causes harm. A case can also arise when the manufacturer has failed to warn or properly instruct about an inherent danger in using the product as it is meant to be used. 

This means that if a product was designed in such a way that it malfunctions and the consumer is injured when using the product as intended, the manufacturer will be liable for the injuries suffered by the consumer. The defect could be designed into all similar products, or it could be a defect on a specific product or batch of products that still made it into the chain of commerce. 

Alternatively, when you are injured when using a product as intended because the manufacturer failed to warn about the inherent danger of the product, the corporation will likewise be liable for the damages caused. 

The manufacturer of a product can be strictly liable for the injuries caused by its product in many circumstances. Strict liability is a legal term that means that the party that caused the injury is automatically liable, without requiring that you provide a specific and independent showing of negligence. 

When you have been injured by a defective product, this is of particular benefit to your case, as the manufacturer should automatically pay you damages for your losses and injuries. However, you still have to proactively take action to file a claim in order to receive the payment you deserve.

Under Georgia law, the seller of a product is not necessarily strictly liable for a defective product in the same way that the manufacturer is, though they could share some liability. This is a complex liability issue that our product liability lawyers can evaluate in your situation. 

What to Do Right After Your Injury

Following your injury, the most important thing to do is ensure that your health is taken care of by seeking out emergency medical treatment. Never wait to seek medical help, as the more time passes between the accident and your diagnosis, the harder it can be to prove the product was the cause of your injuries. 

Once your injuries are diagnosed, and you have a treatment plan, it is important to follow that plan. This can include surgeries, physical rehabilitation, follow-up appointments, and more. Your doctor might recommend that you stay home from work while you recover, and you should heed this advice. 

When your injury results in medical bills or reduces your ability to financially support your family, you likely want to know your rights to compensation from the product manufacturer. Once your health is in stable condition, never wait to call for your free case evaluation so we can advise you of your legal options. 

Standards for Product Manufacturers

When a company decides to sell a product on the open market, they have accepted the implicit agreement in business that the products they sell will be safe for the purpose they are marketed. If the products are dangerous, the producers have a responsibility to warn the consumer of the safety risks. Even if a product manufacturer warned about a potentially dangerous aspect of their product, if the design was defective and inherently unsafe, they could still be liable for the damages from your injuries. 

Product manufacturers have a duty to: 

  • Sell products that are safe to use as intended and free from design or manufacture defects
  • To warn against risks of harm the product entails
  • To consider potential non-intended uses and warn against any related dangers 

After a product-related accident and injury, your right to compensation depends on whether the company breached its duty to consumer safety or not. The best way to identify the potential liability of a manufacturer is to have an Alpharetta product liability attorney evaluate the situation. 

 

Liability Can be a Complex Issue

Liability can be straightforward in some injury cases, such as those due to rear-end traffic accidents. However, with product liability cases, it is often much more difficult to determine and prove liability for your injuries. This is complicated by the fact that large corporations have legal teams in place ready to protect against liability for consumer harm. 

The source of injury in a product liability case might be difficult to immediately pinpoint, as is the case with infant formula injuries. When a baby experiences an infection from a tainted product, their medical professional might note the underlying cause of the infection as a particular bacteria, but you might not know where the bacteria came from. You might not even think to consider the formula that your child has consumed as a source of the infection, instead blaming surfaces that were not disinfected or other non-causes. 

When you have suffered an injury, a product liability attorney can help to identify potential causes of the injury that you might not have considered. Experienced injury lawyers stay on top of products that are causing harm to consumers, and they can help connect the dots regarding what caused your injuries and who should be responsible. 

Damages in a Product Liability Claim

Once your attorney identifies that a manufacturer should be liable for your losses, the next step is to determine the extent of the damages you need to seek. Your claim recovery should cover all past, future, and intangible losses you suffer due to the defective or dangerous product. 

Some common losses include:

  • Medical bills for the treatment you already received
  • Estimated costs of future medical treatment
  • Past and future lost income and earning ability
  • Pain and suffering
  • Permanent disfigurement or disability

Insurance companies will try to minimize your claim, so you want an advocate fighting for the total compensation you need to cover your losses. Our legal team fights for full damages in every injury claim.

Filing Your Products Liability Claim

Products liability claims can be more complicated than your average car accident case for several reasons:

  • You are usually going up against a large corporate manufacturer instead of a negligent individual
  • Proving a product defect can require technical knowledge of the industry and its standards

For these reasons, always make sure that your attorney has experience handling product liability cases. We know how to investigate the matter, prepare the most persuasive claim possible, and stand up for your rights to large companies and their corporate insurance companies. 

Whether you received a cancer diagnosis after taking Zantac, lost control of your car when a tire malfunctioned, or suffered burns from defective electronics, we are ready to help. Never hesitate to start the legal process if you believe that your injuries resulted from a defective product or failure to warn. 

Contact an Alpharetta Product Liability Attorney Today

Have you been injured by a defectively designed or manufactured product? Were you hurt when using a product as intended because the manufacturer failed to warn against a danger in using the product? If you answered yes, you might be entitled to damages to cover your medical bills, your lost wages, lost sick and vacation days, and whatever earnings potential you might have lost through the end of your working life. 

Being fully compensated for your injuries requires informed advocacy, and the legal professionals at Spaulding Injury Law are here to help. To discuss how we can help you make the most of your compensation for your product liability case, schedule a consultation with Spaulding Injury law to chat now.