Cobb County Product Liability Attorneys
Walking down the aisles of our local grocery store or supercenter, consumers see many products for sale. Many of us make these trips to the store on a weekly basis, stocking up on household goods. Living in today’s world, we often take for granted how safe products have become for the average consumer. However, there are still many dangerous products on store shelves that cause harm to consumers daily. Most consumers regularly see news coverage of lawsuits that are won or settled because manufacturers and suppliers have cut corners in order to maximize profits. The problem is compounded because imports come into the U.S. from countries with poor track records for safety. At Montlick and Associates, our product liability attorneys have the resources to take on large corporations that injure consumers by failing to provide safe products.
Our experienced Cobb County product liability attorneys have been skillfully representing clients who have been injured by dangerous products for nearly three decades. Depending on the facts and seriousness, a case can require a broad range of experts including engineers, economists, physicians, and others. Defective product cases often involve taking on large corporations with vast resources, but our Cobb County defective product attorneys have the wealth of knowledge, familiarity, and expertise to take on the largest corporations in America.
Legal Theories for Pursuing Cobb County Product Liability Claims
Product liability law is a generic phrase that delineates the liability of a supplier of a product to the person that is injured by that product. This area of law is intended to provide compensation to anyone that was injured by the intended use of the product. A person injured by the product can bring a lawsuit against anyone in the chain of distribution; for example, lawsuits can be brought against the manufacturer, the distributor, the wholesaler or the retailer. Our professional legal team is knowledgeable in the area of product liability law and may pursue a product liability claim under the product liability theories of negligence, strict liability, and breach of warranty.
Negligence Claim: A negligence claim is often brought against companies who have failed to act in a reasonable and careful manner, and because of this carelessness, the company was the actual and proximate cause of injury to a user of their product. Generally, a negligence claim is successful when a company’s standard of care has fallen below what a reasonable company would have done under similar circumstances. Examples may include (1) a failure to properly institute safeguards, (2) improper testing procedures, (3) failure to meet governmental guidelines, (4) manufacturing defects, (5) design defects, (6) damage to the product during shipment or other unreasonably careless or inattentive practices.
Strict Liability Claim: Strict liability claims are brought when it is difficult for an injured party to prove negligence. Generally, all commercial suppliers of products owe their foreseeable users an absolute duty to supply hazard-free products. An injured party merely needs to demonstrate that the company provided a defective product that caused damages to the victim. These claims are easier to bring because the required proof is less than that of negligence.
Breach of Warranty Claim: A legal claim based upon a breach of warranty also may be a feasible basis for pursuing a product liability claim. A breach of warranty claim may be based on an implied warranty, such as a warranty of merchantability or a warranty of fitness for a particular purpose; or the warranty may be express, such as when the seller or supplier offers statements of fact which positively guarantee the consumer that the product will perform a certain way.
Types of Product Defects that Cause Injury
There are several varieties of defects that can cause injury. Many of the more common types include design defects, manufacturing defects, inadequate warnings and common defects:
Design Defects: Design defects occur when all the products in an assembly line are produced identically according to the specifications, but have hazardous propensities because of their mechanical features or packaging. An injured party usually has to prove that an alternative, yet reasonable design was economically feasible for the company. Furthermore, courts often look to a variety of factors, including the availability of safer products, the usefulness of the product, the desirability of the product, and the inherent obviousness of the danger.
Manufacturing Defects: A manufacturing defect exists when a product emerges from the manufacturing process different from the other products that were produced. The resulting non-conforming product is more hazardous and unreasonably dangerous because of the manufacturing issues. Generally, victims may prevail here when they prove that the product was dangerous beyond the expectation of the ordinary and reasonable buyer, and the product was not identical to its intended design specifications.
Inadequate Warnings: Products usually must have complete and clear warnings in order to be sold as safe and non-hazardous. Many products lack adequate warnings. Even though consumers may use the product in a way that was not intended by the manufacturer, its foreseeable misuse may form the basis of liability for a failure to attach or provide warnings regarding such misuse. Some examples of inadequate warnings include a prescription or over-the-counter (OTC) drug that fails to list side effects, children’s toys that may cause asphyxiation, or household appliances that pose fire risks.
Common Defects: Common defects are much like a failure to provide adequate warnings. Although a manufacturer of hammers knows that the intended use of such a device is to supply force to nails, for example, the manufacturer should expect that their hammers would also be used as a device that pry open materials such as containers, windows, lids, and other items. Therefore, the manufacturer is expected to have their products conform to such foreseeable uses.
Common Unsafe Products that Cause Injury
Our attorneys at Montlick and Associates have been representing those injured by defective and dangerous products for nearly thirty years. Because of our long history handling such cases, we are qualified to handle most defective product cases. Some cases involving injuries caused by unsafe products that we handle include:
- Dangerous prescription drugs
- Over-the-counter drugs
- Automobile defects
- Household appliances and electronics
- Children’s toys
- Medical equipment
- Hazardous building substances (e.g., asbestos)
At the federal level, the Consumer Protection Safety Commission is the national watchdog and recall agency that is responsible for protecting the public from unreasonable and unsafe risks from thousands of products manufactured daily. They issue recalls for unsafe products and are dedicated to protecting the public from a myriad of potential problems with products. Unfortunately, products are not recalled until after they have injured someone or been involved in near misses.
If you or a loved one is injured or a loved one dies because of injuries caused by a defective product, you may be entitled to financial compensation. Call our Cobb County product defect attorneys at Montlick & Associates for a FREE CONSULTATION. Our experienced Cobb County product liability lawyers are standing by to assist you. Our attorneys are here to help and may be able to visit you. We offer FREE CONSULTATIONS by telephone and are available 24 hours a day at 1-800-LAW-NEED (1-800-529-6333). Furthermore, please visit us online at www.montlick.com to access our free 24-hour live chat service or download a FREE CASE EVALUATION FORM.