Lawrenceville Product Liability Lawyer
It’s only fair to assume that a product is going to work as it is intended to. Why would you think the brakes in your car will not work when you need them to?
A product that is discovered to be defective is a serious matter. The product’s defect can cause you and your family serious harm. Because product liability claims are complicated, you want to speak with a Lawrenceville product liability lawyer at Spaulding Injury Law about your potential claim.
Seeking Legal Help
Have you been injured by a defective or dangerous consumer product in Georgia? If so, you might be entitled to compensation for your injuries and losses, and a Lawrenceville product liability attorney from Spaulding Injury Law can help you identify your legal options.
Examples of common product-related accidents that might entitle you to a product liability claim include, but are certainly not limited to:
- Defective products that cause burns from chemical leaks or explosions
- Defective car brakes that cause accidents
- Dangerous over-the-counter or prescription drugs that caused unforeseen side effects or serious medical conditions
- Defective baby products or toys that cause injuries to your child
- Defective electronics that cause fires or burns
There are many ways in which consumer products hurt the people who buy them, and when this has happened, you can be entitled to compensation for your medical expenses, lost income, and other losses.
Product liability claims are complicated, and manufacturers are set up to avoid liability whenever they can. One of the highly experienced Lawrenceville product liability attorneys from Spaulding Injury Law knows how to bring this type of claim and fight for the rights of injured consumers. Contact our legal team for more information about a possible case today.
Different types of product defects
A product can be defective in three ways. They can either have:
- A design defect. Design defects are issues with the product’s design. These defects are a sign that the manufacturer failed to properly test the product before placing it for sale. Design defects ruin an entire line of products.
- A manufacturing defect. Manufacturing defects are defects that are found within certain models of a product. Instead of the entire line of products being ruined, a few products contain defects.
- A marketing defect. Marketing defects happen when a manufacturer fails to issue the safety instructions or the risks associated with a product. These defects can also happen when the manufacturer makes false claims about the product’s actual use.
Common design defects
Children’s toys are the most common products with design defects. When toy manufacturers fail to properly test children’s toys (which is quite common), it can cause serious harm to children. They can become seriously hurt or killed by choking hazards.
Defective cars are another type of design defect. Cars with steering wheel issues and defective brakes can put you and your family in danger.
Common manufacturing defects
Some common products with manufacturing defects are machinery and tools. Certain tools can become deadly because the manufacturer uses the wrong materials when making the product.
Electric circuits can also contain manufacturing defects if wires have been installed incorrectly.
Common marketing defects
A hairdryer missing proper safety instructions would be a product with a marketing defect. Other products that could have marketing defects are medical devices. If medical devices are advertised misleadingly, this could be a marketing defect. Products that are advertised must accurately reflect the use of the product and its potential dangers.
Product liability claims
When products contain a defect, there are several claims that you may be able to file. One of the claims involves a breach of warranty. Many products come with a written warranty that may contain terms about labeling, advertising, or manual instructions. When the product fails to live up to its expectations, you can file a breach of a warranty claim. You can also file a failure to warn claim.
Product liability law holds manufacturers accountable when they fail to warn consumers about the risks associated with their products if their use led to injuries. This type of claim is often filed against drug manufacturers who fail to issue the side effects of a particular medication. For you to file this type of claim, you must have used the product as intended.
When Am I Entitled to File a Product Liability Claim?
In Georgia, you can file a product liability case in three instances:
- When an inherent defect in the design of the product led to the malfunction and injuries
- When a defect in the manufacture of the product (such as machinery failures or using shoddy materials) led to the malfunction and injuries
- If a manufacturer used improper marketing or failed to provide consumers with adequate warnings of the inherent risks and dangers associated with the product
Under Georgia law, you can file your product liability claim against the manufacturer of the product through the concept of strict product liability, which means that you do not have to prove the specific type of negligence that led to the malfunction on the part of the manufacturer. However, strict liability does not apply in claims against the party that sold the product, if different from the manufacturer.
The laws surrounding product liability claims can be complicated, so you need the right legal guidance during your claim.
Losses from Product-Related Injuries
Product-related accidents can result in a wide range of injuries, including injuries to your neck and back, burns, fractures, and head trauma leading to brain injuries. Such injuries require medical attention, and they might also keep you from working or engaging in your usual activities for some time.
Medical expenses include the cost of emergency medical treatment immediately following the accident, in addition to any follow-up treatment or rehabilitation your injury may require. If there are long-term medical implications, you can recover for the estimated costs of future treatment you will need, as well.
The economic value of your injury includes the wages you lost and other work benefits, like sick or vacation days, that you missed out on due to your injury. In addition, if you cannot return to work – or to a similarly-paying position – you can seek recovery for your future lost earnings and benefits, which can be a complex calculation.
Finally, never forget about your intangible losses, which are compensable and can include:
- Physical pain and suffering
- Mental trauma
- Loss of enjoyment of life
- Permanent disabilities or impairments
- Permanent disfigurment
First Steps to Take After Your Accident
Being injured requires, first and foremost, that you watch out for your health and well-being. Seeking any immediate medical attention that might be necessary is essential, and after that, the next step should be connecting with a Lawrenceville product liability lawyer who can evaluate your situation.
First, the attorney will determine whether you have a valid product liability claim. This often requires investigation into why the product malfunctioned or caused injuries and whether it was the fault of the manufacturer. Next, you will need to calculate your damages, which is something you should always leave to a legal professional.
Your damages will be determined by the proportion of fault of the involved parties, the extent of your injuries, the treatment you needed, and how your injuries will impact your life in the future. Knowing how to measure both the short and long-term costs associated with your injury is challenging, and injured victims often underestimate their damages. Let our network of medical and occupational experts assist us in identifying the true value of your past and future losses.
When you have been injured, an insurance company might reach out and offer you some money right off the bat to resolve the matter. This might seem like the easiest way out – simply accepting the quick offer and moving on with your life. This is something that you should never do, however, without the guidance of a product liability attorney.
The insurance company’s goal is to pay as little as possible, while your attorney’s goal is to obtain as much as possible for your losses. If you accept a settlement offer that is too low, you lose the right to request more in the future, which can put you in a dire financial situation. Instead, have an attorney handling all of your insurance company communications and negotiations. Your lawyer can advise you when a settlement offer is fair or not in light of your specific situation.
Reach Out to a Lawrenceville Product Liability Attorney Today
Being injured by a defective product in the state of Georgia can entitle you to a variety of damages, depending on the unique facts and circumstances of your injuries. There can be complex legal issues at play in these types of cases, as well as significant losses that are difficult to calculate accurately. In addition, you won’t find help with insurance companies that are only trying to limit your payment.
These are all reasons why you should never hesitate to seek help from our team at Spaulding Injury Law. To explore how we can help you recover the most possible damages for your product liability case, schedule a consultation with our office as soon as possible.