We rarely give much thought to the safety of the everyday products we use. In fact, many of us trust the fact that manufacturers take steps to assure their safety and efficacy. While the law requires manufacturers of consumer products to make their wares reasonably safe for consumers, it is not always fulfilled. If you recently suffered harm resulting from use of a dangerous or defective product, you may be eligible for compensation under Georgia law. The attorneys at Kaufman Law, P.C. have been holding product manufacturers accountable for their negligence for over 40 years. Contact us to schedule a free case evaluation.
The Elements of a Product Liability Case
Product liability is a broad subset of personal injury law. It refers to the idea that manufacturers, distributors, and retailers of the products we use are legally bound to use caution and prevent harm to the consumers who use them. A product liability case may arise from several different scenarios, including:
- Product defects. In many cases, product liability claims result when a product is defective. This means that the defect only applies to a certain number of products, not the entire line. An example would be a batch of produce tainted with listeria or a ladder produced with a dangerously weak rung.
- Inherent flaws in design. You may have a product liability case when the design of an entire line of products is dangerous or defective. Examples include the Takata airbag (recalled) and cell phones produced with explosive batteries.
- Failure to warn of the risks. Manufacturers and retailers alike must provide consumers with warnings regarding use that aren’t immediately obvious. For example, toy manufacturers must designate that children under the age of 3 shouldn’t use their products if they contain small parts, as they present a choking hazard.
To pursue a product liability claim, you must be able to show all the following:
- The manufacturer or retailer owed you a duty of care (usually this is implicit if you are using one of their products, even if you purchased it secondhand).
- They breached this duty by committing negligence in a manner outlined above.
- This negligence directly led to your injuries.
- You incurred damages as a result. Examples of damages in a product liability case include medical bills, wage loss, and physical pain.
Your Next Steps
There are virtually limitless scenarios in which a Johns Creek resident may incur harm from using a defective or dangerous product. If you or a loved one recently incurred injuries that led to medical care, wage loss, or other damages, you may be able to seek compensation from the retailer or manufacturer responsible. Your first step in the process is contacting a personal injury attorney who specializes in product liability claims.
Kaufman Law, P.C. employs attorneys with the knowledge and experience to proactively protect your right to compensation under Georgia law. To schedule a free and confidential review of your legal options, please contact our firm today.