Atlanta Product Liability Lawyer
Were you injured by a dangerous or defective product?
Manufacturing companies in all fields are responsible for the safety of their product and are liable for any injuries that result from defects in the product. This area of personal injury law is referred to as product liability, under which manufacturers are held to the quality and safety of their products.
Product liability claims can be extremely complicated and difficult to prove. The reason for this is because manufacturers are often large corporations with an aggressive legal team defending them; these companies often have a number of international imports being sold in the United States, making it difficult to keep them accountable to American laws. That is why it is important to retain the services of a qualified Atlanta product liability lawyer who understands all aspects of litigation and can help you file a product liability claim against a negligent manufacturer.
Hurt by a dangerous product? Dial (404) 800-6356 or complete an online form today to tell us about your case.
Georgia Product Liability Law
Manufacturers can be held liable under a number of legal theories, according to Georgia’s law. The first is negligence, and like many other personal injury cases, it claims that the manufacturer has the duty to care for their consumers by making and marketing safe products. The most common product liability claims involving negligence include:
Design Defects
This has to do with a glitch or inherent danger because of the defective design of a product. Design defects or mistakes are quite dangerous because they have the potential to impact large groups of consumers.
Manufacturing Defects
These are mistakes that occur during the production phase and are usually credited to the use of cheap, poor-quality materials or shoddy workmanship. Under the legal theory of product liability, manufacturing companies are responsible for negligence committed by one or more workers.
Marketing Defects
Making the product is not the end of the manufacturing company’s duty to consumers. Some products are potentially dangerous and require instructions by their very nature, such as industrial nail guns. It is the responsibility of the same company to provide adequate instruction for the safe use of the product and to warn of potential dangers if they are not obvious.
Strict Liability
is a type of tort theory that holds professionals and manufacturers liable for defects or mistakes that cause injury. The difference between strict liability and egligence is that strict liability does not require a plaintiff to prove negligence or even actual financial damages in order to claim compensation. Manufacturers of personal property are still liable for their products even when they are sold through a third-party dealer.
Implied Warranties
offer contract-based grounds for product liability. According to the Uniform Commercial Code, manufacturers are held to an implied warranty of merchantability and of-fitness for a particular purpose. This means that the product must be used for the purpose it was intended for by the seller and for the
purpose of the buyer, which is known to a seller. If the product is not fit for either or both of these purposes, the manufacturer can be held liable for damages.
How Long Do I Have to File a Georgia Product Liability Claim?
An injured person typically has two years to file a defective product personal injury claim under Georgia’s statute of limitations. Claims filed after this deadline has expired are almost always dismissed, with rare exceptions. Additionally, Georgia’s statute of repose bars recovery for injuries occurring more than 10 years after the product was first sold. This time limit applies to strict liability claims and some negligence claims, but cases involving a failure to warn are exempt from this time constraint. If you are unsure how these time limits apply to your claim, it is important you discuss your case with a knowledgeable attorney.
Contact the Attorneys at Henningsen Injury Attorneys, P.C. Today!
If you or someone you know was injured by a defective product such as a child’s toy, prescription drug or even automobile, contact an Atlanta product liability lawyer from Henningsen Injury Attorneys, P.C. Not only do you deserve to be compensated for the losses you incurred from the injuries, but the manufacturer should also be held responsible for the quality of the product.
Get a free consultation from our experienced legal team in Atlanta, Georgia.