We act as consumers nearly every day, purchasing food, clothing, medications, electronics and many other products. We put our trust in the companies that manufacture the things we purchase that they will be carefully manufacturing the goods that they sell so that they are safe for use. We expect food manufacturers to sell us food that is free from contaminants, car companies to manufacture vehicles that are safe to drive, and pharmaceutical companies to make drugs that have the proper dosages. Of course, sometimes products fail to meet these expectations and the results can be devastating. Product liability law is a body of law that exists in order to protect consumers from suffering injuries as a result of defective products. The laws governing product liability are governed by the states, meaning that the way these cases are handled might differ from state to state.
In product liability cases, the product may be defective by design, or it might have been defective as the result of the manufacturer. It could also be defective by nature of an inadequate warning of a certain risk associated with the product. If the design is defective, the product was defective even before it was made. The manufacturing process can also lead to a defect when the design was perfectly acceptable. And finally, if a product has certain risks that consumers should be aware of, then a failure to adequately warn of these risks can be the defect.
Defendants in product liability cases often argue that the injured person used the product in a way it was not intended to be used and in a way that they could not have anticipated that it would be used. They also might argue that the product was altered after it was sold, and the modification was the cause of the defect.
Since Georgia uses a modified comparative negligence approach, a plaintiff who bears some of the responsibility for his or her own injury will not automatically be barred from recovering, as would be the case in a state that follows contributory negligence. However, if the plaintiff is believed to be 50% or more responsible to the injury, then he or she will be barred from a financial recovery.
If you were injured by a defective product, you might have the ability to collect compensation from the manufacturer for the damage that the product caused to you. Contact an attorney at Montlick & Associates to learn about your legal rights and options.