Product Liability Lawyers Serving Athens, Georgia
Montlick & Associates, Product Liability Lawyers Serving Athens, Georgia
Every time we purchase a product, we are trusting that the product is safe to use. Unfortunately, sometimes the products that we buy are flawed in ways that can cause us harm. When this happens, the injured person may have a claim against the manufacturer or seller of the product. Product liability law serves as a form of consumer protection, aiming to incentivize manufacturers to proceed with caution when they are creating and disseminating their products.
At Montlick & Associates, the attorneys at our Athens office work to ensure that people who suffer injuries from defective products have access to the compensation to which they are entitled. For decades we have been standing up for the legal rights of injured people, advocating to maximize their compensation under the law.
What Makes a Product Defective?
If a product is dangerous to individuals who are using the product as it was intended to be used, then the product is likely defective. Defects are typically divided into three categories: design defects, manufacturing defects, and failure to provide adequate warnings.
- Design defects: Design defects occur when the actual design for the product contains a flaw that makes the product dangerous, even when it is manufactured according to specifications. If a designer develops a toy meant for very young children and babies, but the toy has small parts that present a choking hazard, then the defect is in the design. In order to remedy the defect, the design itself would have to be altered.
- Manufacturing defects: A manufacturing defect occurs when a product that is designed properly is built in such a way that makes it dangerous. For example, if a company developed a sunscreen that was perfectly effective and safe, but a manufacturer failed to include an active ingredient when mixing the sunscreen, making the product ineffective when used in the sun, the result would be a manufacturing defect.
- Warnings: A failure to warn can also result in a product dangerous. This is the case when a product is designed and manufactured properly, but where a person could foreseeably use the product in such a way as to make it dangerous. An example would be a cleaning product that could cause injuries if it makes contact with someone’s skin. If the product did not adequately warn of the risk, the company could be found liable for the resulting injuries.
Proving Liability in Athens, Georgia
In Georgia, a person who is injured by a product can file a suit under strict liability, or under the theory of negligence. Strict liability product liability claims do not require that the defendant was negligent. However, it must be shown that the defendant manufactured the product, that the product was defective at the time it left the manufacturer’s control, and the injury was the result of the defective product.
How Much Time Do You Have to File a Claim in Athens, Georgia?
Generally, a personal injury claim arising out of a defective product in Georgia must be filed within two years of the date of the injury, but there can be exceptions that lengthen or shorten the deadline. Georgia also has a statute of repose which bars claims filed after ten years from the first sale or consumption of the personal property that brought about the injury. It is also important to remember that statutes of limitation vary from state to state. Failure to file a personal injury claim before the expiration of any applicable deadline will permanently bar your right to compensation. An experienced personal injury attorney can examine the facts and circumstances of what happened to you in order to determine which deadlines apply.
Put Our Law Firm's Over 38 Years of Legal Experience to Work For Your Case!
If you or a family member has been injured because of a defective product, call Montlick & Associates, Attorneys at Law, for your free consultation today. Montlick & Associates, Attorneys at Law, has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 38 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.
No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.