Manufacturers across industries are responsible for creating, manufacturing, and distributing products that are reasonably safe for consumer use. Unfortunately, when defective and hazardous products enter the market, innocent people can suffer serious injuries.
If a faulty product has harmed you, our skilled product liability attorneys at Spaulding Injury Law can evaluate your case and determine if you have a valid claim. By pursuing a personal injury lawsuit, you may be able to recover compensation for medical bills, pain and suffering, disability, and more.
Having an experienced legal team is crucial in product liability cases. Product manufacturers and large corporations have their own legal representatives who aim to give you the lowest possible settlement or even deny your claim entirely.
By choosing Spaulding Injury Law, you benefit from our commitment to investing time, resources, and attention to your case. We strive to strengthen your case and present compelling evidence to support your right to maximum compensation for your injuries and damages.
For over 15 years, our law firm has been advocating for the rights of injured victims and the families of those wrongfully injured by defective and dangerous products throughout Georgia.
Find out how we can help you with your case by contacting us online or calling us to schedule a free consultation. Remember, you owe us nothing unless we recover compensation for you!
What is Product Liability?
Product liability refers to the legal responsibility of a seller or manufacturer for distributing a defective product to consumers.
When a product presents unforeseen hazards or defects, it fails to meet the consumer’s ordinary expectations. Situations like these typically constitute a breach of contract and may serve as the basis for a defective product claim.
Defective product lawsuits can also be grounded in strict liability, where the liable party is always responsible for damages caused by its products, or negligence, where the injured party must demonstrate that the defendant acted negligently or wrongfully, resulting in injury.
If you were injured or lost a loved one due to a defective product, or if you suspect a faulty product caused your injuries, contact the product liability lawyers at Spaulding Injury Law immediately.
We can discuss your case details during a free, no-obligation consultation.
What is a Defective Product?
A product is considered “defective” if it fails to function as intended or advertised. A defective product is faulty in some way or malfunctions even during normal, acceptable use. In most cases, if a product has been altered, modified, or used in a way other than intended or advertised, a person injured by the product cannot file a defective product claim against the manufacturer or another party.
Here are a few ways that products can generally be defective:
The manufacturer may be held liable if a defectively manufactured product injures a consumer.
Common causes for manufacturing defects include substandard materials and negligence during assembly.
Manufacturing defects may involve incorrectly assembled or installed products, products missing components or parts, or products contaminated during production.
An example of a manufacturing defect could be a car with faulty brakes due to improperly installed brake pads. If a consumer purchases this car and gets into an accident due to the faulty brakes, the manufacturer could be held liable for any injuries or damages caused by the defect.
A product with an inherently flawed design, rendering it unreasonably unsafe for normal use, has a design defect.
Faulty design liability claims concern the entire product line, not just a single item. Even if the defective product is manufactured correctly, it can still cause injury. For a lawsuit to proceed, the injury must result from the product’s flawed design. Say a ladder with a design flaw made it prone to tipping over even when used properly. If a consumer purchases this ladder and is injured when it tips over, they may file a lawsuit against the manufacturer for a faulty design.
During the lawsuit, the consumer would need to prove that the ladder’s design was inherently flawed and unreasonably unsafe for normal use and that this flaw was the direct cause of their injury.
The manufacturer may argue that the ladder was used improperly or that the consumer was at fault for the accident, but ultimately it would be up to a court to determine whether the design defect was a contributing factor in the injury.
If the court finds in favor of the consumer, they may be awarded damages to compensate for their injuries and other losses. The manufacturer may also be required to recall or redesign the product to address the design defect.
INADEQUATE INSTRUCTIONS OR WARNINGS
A failure-to-warn claim typically involves a hazardous product, with the danger not clearly communicated to the consumer or without proper caution regarding potential risks during use.
Also known as marketing or labeling defects, a product lacking adequate instructions or warnings might exclude choking hazard labels, side effect information, safety guidelines, and more. These claims also involve products marketed improperly or for untested purposes.
An example of inadequate instructions or warnings could be a power tool that does not come with clear warnings about the risks of using the tool without proper safety equipment. If a consumer purchases this power tool and is injured while using it without adequate safety gear, they may file a failure-to-warn claim against the manufacturer.
Frequent Product Liability Lawsuit Categories
Many large companies prioritize profits over consumer safety, leading them to cut corners and endanger innocent consumers.
Product liability lawsuits often involve the following defective products:
- Vehicle design
- Automobile tires
- Airbags, including defective Takata airbags
- Motor vehicle components
- Children’s toys
- Car seats
- Household appliances
- Cleaning products
- Heavy machinery and equipment
- Industrial tools
- Power tools
- Food and beverages
- Medical devices
- Electronics, such as cell phones, tablets, and personal computers
- Batteries and chargers
This list is not exhaustive; many other everyday products, industrial tools, and items can be defective and result in severe injuries. If you were hurt or lost a loved one due to a faulty product, Spaulding Injury Law can help.
Contact Our Skilled Product Liability Lawyers
The negative effects of a defective product can lead to physical, emotional, and financial distress. At Spaulding Injury Law, our Marietta product liability attorneys will devote our expertise and time to help you pursue the compensation you rightfully deserve.
We are fully committed to every client, allocating our resources and time to achieve the best possible results. With over 15 years of experience representing victims of defective products in Georgia, we will handle all necessary paperwork and investigate the incident so you can concentrate on recovery. Contact us online or call us today to schedule a free initial consultation.
Type Of Cases We Handle
Personal Injury Attorney in Marietta
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Marietta Auto Accident Attorney
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