If you are injured by a product that is based on an unsafe design or that has been manufactured with substandard materials, you may have a right to file a legal claim based on Georgia product liability law. If the product is not safe or does not carry proper warnings and instructions to prevent innocent consumers from being injured, anyone in the production-distribution network may be financially responsible for injuries or wrongful death caused by the faulty product. Thousands of consumers are the unwitting victims of hazardous and defective products annually. While many defective products are the result of manufacturers that do not implement proper quality controls and product testing, other defective products find their way into the market because businesses do not wish to incur the cost to correct known defects. At Montlick and Associates, our Loganville product liability attorneys are committed to holding businesses financially responsible for the injuries their products cause and to seeking fair compensation for victims.
Although there are safety standards that are promulgated for many products by the Consumer Protection Safety Commission, these standards are sometimes violated by companies that care more about their bottom line than consumer safety. The federal agency gathers reports of injuries, fatalities, and near misses regarding the products under its purview. However, this necessarily means that the agency does not generally take action until after a product has harmed consumers. There are many victims of dangerous or defective products that are injured before enough reports have accumulated to prompt a recall of the product.
With some products like pharmaceuticals and medical products, the company that manufactures the dangerous or defective product may continue to promote the product despite evidence of adverse side effects or serious complications. The drug or medical product manufacturer may even promote the product for uses not approved by the FDA (called “off label uses”) even though it is illegal.
Because our Loganville product liability law firm has been taking on large companies and their insurance companies since 1984, we are qualified to handle a broad range of defective product cases, including but not limited to those involving the following types of products:
- Motor vehicles prone to roll over that cause roof crush injuries
- Consumer electronics including lap top batteries that explode or present a fire risk
- Faulty tires, brake systems, fuel systems, and other vehicle defects
- Defective pharmaceuticals and medical products
- Kids' toys and children’s products including cribs, playpens, toys, car seats, flammable clothing, and other products
- Asbestos, lead paint, and other toxic chemicals or hazardous substances
When a consumer is injured or dies because of an accident caused by a defective or hazardous product, product liability law provides the legal basis for seeking compensation for one’s injuries. Product liability law permits an injured consumer to pursue compensation against anyone in the production or distribution network for a product. Liability may be based on three independent theories: (1) strict liability; (2) negligence; (3) breach of warranty.
Strict Liability: Strict liability permits imposition of financial responsibility on a company involved in the design, manufacture, or marketing of a product without fault provided the defect exists when the product leaves the business entity’s control. Since the business that produces and sells a product has exclusive access to identify and remedy defects, strict liability relieves the injured consumer of the responsibility for proving negligence and the precise negligent entity that caused the defect.
Negligence: Liability may also be based on negligence as with other accident cases resulting in injury. A negligence basis for imposing liability may be appropriate where a consumer can identify a specific business entity that failed to exercise ordinary care that resulted in the production of a defective product. Negligence can be difficult to prove in many product defect cases so strict liability can be an easier basis for imposing liability.
Breach of Warranty: Many products come with express warranties while other warranties are implied by law. When a product fails to conform to these warranties, the breach of warranty may be a basis for imposing liability for a product defect. Many products include disclaimers of liability to minimize the risk of being held liable for breach of warranty.
If you or a family member is injured by a defective product, our experienced Loganville product liability lawyers offer the extensive litigation resources and effective strategies that are essential when taking on large corporations that produce defective products. If you suffer injury caused by a product malfunction or defect, you should keep the packaging, instructions, warranty paperwork, and parts of the defective product. If you or someone you love has suffered a serious personal injury or a loved one has died, our experienced Loganville product liability lawyers are committed to representing personal injury and wrongful death victims in obtaining compensation to rebuild their lives and support their families. Call now for your FREE CONSULTATION with Montlick and Associates' experienced Loganville product liability attorneys. Our attorneys are available to help you and may even visit you if needed. You can call us anytime 24/7 at 1-800-LAW-NEED (1-800-529-6333) for your FREE CONSULTATION. Alternatively, you can visit our website, www.montlick.com, to make use of our FREE CASE EVALUATION FORM or 24-hour live online chat service.