Product liability is the area of law that deals with defective or dangerous consumer goods. Bad medications, dangerous children’s toys, and defective car parts are examples of problematic products that could lead to manufacturer liability. Federal and state laws hold product manufacturers to the highest standards in terms of the quality of items they produce for consumers.
If a defective or poorly designed product caused your recent injuries in Alpharetta, get in touch with Kaufman Law, P.C. You might be able to sue the manufacturer or distributor for your damages. We have more than 40 years of legal experience in Georgia and can help you exercise your rights under state and federal law. Don’t let a manufacturer get away with causing your injuries. Let us represent you in an insurance claim or lawsuit.
The Basics of Georgia’s Product Liability Laws
In Georgia, injured parties can base product liability claims on the legal concept of strict liability. Strict liability refers to the automatic liability, or legal responsibility, of the defendant, without the victim having to prove fault or negligence. This is good news for victims, as it means you could recover regardless of whether the manufacturer was negligent. However, you must still prove the product had a defect when it came from the defendant and that the defect caused your injuries. There are three main types of product defects:
- Defective design. It is a manufacturer’s duty to design products that are free from unnecessary or foreseeable risks. For example, manufacturers of children’s toys have strict federal regulations they must obey to keep them safe for the designated age groups. A defectively-designed product, such as a toy with a pull string that’s too long and presents a strangulation hazard, can end in a lawsuit if it causes injury to a child.
- Manufacturing defect. Sometimes a product’s design is fine, but something happens during production that results in an unsafe item. For example, if the design of the toy had a regulation-size pull string, but a mistake during manufacturing resulted in one or more toys with the wrong size string, it could be a manufacturing defect. Anything that goes wrong during the manufacturing process could result in an unsafe item.
- Failure to warn. Manufacturers also have a duty to warn consumers of foreseeable hazards the item could pose that might not be obvious to users. For example, even a safe pull-string toy would need a warning with something like, “Warning: Strangulation hazard. For ages 3+ only.” If manufacturers learn of a potential danger after they sell the product, they must warn people, i.e., issue a recall.
If you can prove a product had one of the above-listed defects, that the defect resulted in your injury, and that you were using the item as the manufacturer intended at the time of the incident, you have the main elements of a product liability claim. The next step is to seek compensation for your damages, such as your medical expenses, property damage costs, lost wages, physical pain, and emotional suffering. The attorneys at Kaufman Law, P.C. in Alpharetta can help with this process. Let us go up against manufacturing companies and distributors on your behalf. Request your cost-free consult today.