Atlanta Product Liability Attorneys
Product liability is the area of law that governs the obligation owed by product designers, manufacturers and sellers to consumers who are injured by their products because of design, manufacturing or marketing defects. There are many people injured by defective products throughout the U.S. Defective products cause 22,000 deaths and over 29 million injuries each year according to the U.S. Consumer Product Safety Commission (CPSC). There are many types of defective products that injure consumers with some recent examples including:
- Products for children (toys, strollers, car seats)
- Hip replacements and other medical devices
- Industrial equipment or machinery
- Tires and brakes on motor vehicles
- Laptop batteries
- Dangerous prescription drugs
- Consumer electronics
- Space heaters
Virtually any product in your home or workplace can be defective and cause an injury, but this does not mean that every injury caused by a product necessarily creates the grounds for a product liability lawsuit. A defect in a product may occur at any point in the production process including:
- Product Design: The engineering and design of the product must comply with applicable safety standards.
- Manufacturing Process: The company responsible for producing the product is expected to conduct proper quality control testing to ensure that the product is safe for consumers.
- Product Distribution: If a company stores or transports a product, the company has an obligation to ensure that a defective product does not make it into the hands of consumers.
- Product Marketing: The marketing and advertising for a product must promote the product base on the product actually capabilities and warn of potential hazards.
The federal agency that promulgates safety standards for many products in the U.S. is the Consumer Product Safety Commission (CPSC). The agency establishes certain safety standards and issues recalls of certain defective products. Unfortunately, these recalls are typically issued after there have been reports of problems with products on the market including injuries and sometimes fatalities. Even when a recall is put into place, the lag time between when the manufacturer agrees to recall the product and when the recall is put into effect can mean additional consumers are injured.
There are three general theories of liability that may form the basis for legal action in a defective product claim: (1) strict liability, (2) negligence, (3) breach of warranty. Many product liability claims are based on strict liability which means that a consumer is not required to identify the negligent conduct that caused the defect. If a consumer can show that the product was indeed defective when it left the control of the manufacturer, this is a sufficient basis for imposing liability if the defect causes injury to a consumer. Negligence as a theory for liability in a product liability case essentially involves proving that some entity in the chain of production or distribution failed to take reasonable care to produce a safe product. A breach of warranty product liability claim may apply if the product was not safe for the use intended or lacked sufficient warnings regarding known risks associated with the product.
Obtaining Compensation for Consumers Injured by Unsafe Products
Montlick and Associates recognizes that sometimes very slight modifications in the production process or a few pennies more invested in quality control testing can prevent life-altering injuries or wrongful death. Our experienced team of Atlanta defective product lawyers are committed to seeking the compensation consumers need to cover their medical expenses, lost income and other intangible damages like diminished quality of life, pain and suffering and other forms of loss. The only way to encourage companies that put poorly made and inadequately tested products on the market to take appropriate steps to make their products safe is to hold them accountable for the injuries they cause to consumers. If you are injured by a defective product, you should keep all parts of the product and all packaging because this may be important evidence in your product liability claim.
If you are injured by a dangerous or defective product, the Atlanta product liability attorneys at Montlick and Associates is committed to providing exemplary legal representation and effective advocacy. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your product liability claim. 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.