When a consumer purchases a retail product, they assume it is correctly made and will effectively serve its intended purpose. In cases where a product fails to meet these expectations and a consumer suffers injury because of a product’s underlying defect, any parties involved in the manufacture of the defective item may be held liable for damages.
If you or a loved one suffered personal injuries from a consumer product defect, you could bring a product liability claim against the manufacturer. An Atlanta defective products lawyer could help you pursue legal recourse to recover any damages you may be entitled to.
What Constitutes a Defective Product?
A "consumer product," as defined under the Magnuson - Moss Warranty Act at 15 U.S.C. §2301(1), is any tangible good that is ordinarily bought or sold in commerce for personal, household, or family purposes. In the realm of product liability, a consumer product is defective if it has an inherent flaw in its design, an error in its manufacturing, or a defect in its warnings or instructions. The parties that may be liable for damages for a defective product will vary depending on which type of claim an injured party brings.
A product has a design defect if it poses an unreasonable risk of harm to the consumer when used for its intended purpose and properly manufactured. If a product that is typically safe has an error in the assembly process, making it dangerous to use, then the product has a manufacturing defect. A marketing defect occurs when the manufacturer of a product that is generally considered to be inherently unsafe fails to sufficiently instruct or warn consumers of the product's potential dangers and risks.
Knowing which type of product liability claim to bring could be vital to the recovery of damages. A nearby attorney with experience handling product liability cases could provide valuable insight into which claim an injured party can file.
Determining Liability under Atlanta Law
If a party incurs injury due to a manufacturer's negligence, the manufacturer may be held liable for the resulting harm under § 51-1-11(b) of the Official Code of Georgia Annotated. Although the injured party may recover damages from the manufacturer of a defective product, whether the seller is liable will depend on the type of claim.
Unlike product manufacturers, a seller, as defined under O.C.G.A. § 51-1-11.1(a), is a party that conducts business by procuring, modifying, or repairing goods for sale to consumers, but has nothing to do with the manufacturing of such goods. In cases where the basis of a products liability claim is strict liability (i.e., liability without requiring proof of negligence), the product seller may not be held responsible to the same degree as the manufacturer under O.C.G.A. § 51-1-11.1(b).
A knowledgeable products liability attorney in the area could determine whether an entity involved in the manufacture of a faulty item may be held liable for injuries resulting from its defect.
Get Assistance from an Atlanta Defective Products Lawyer
Millions of manufactured consumer products are bought and sold each day. With the rapid development of online shopping, consumers now have an even faster, more efficient way to purchase retail products. As demand and necessity for consumer goods grow, so does the risk of injury from defective or dangerous items.
If you have recently sustained injuries from a defective consumer product, you may have a viable product liability claim. To learn more about your case and your available opportunities, call to schedule a consultation with an Atlanta defective products lawyer today.