Consumers have the right to assume that products are safe to use as instructed, but sadly, this is not always the case. If a defective product causes severe damage to a consumer, they have the right to pursue compensation for various losses, such as the cost of their medical treatment. They may also be eligible for restitution to cover non-economic losses, such as the value of their pain and suffering.
If you or a loved one sustained physical harm due to a defective consumer product, consult a skilled personal injury attorney on recovering damages through a civil claim against the at-fault parties. A conversation with a Roswell defective products lawyer could help you better understand your options and clarify any legal actions you decide to take.
Types of Products Liability Claims
There are three kinds of defective products claims in tort law: design, marketing, and manufacturing defect claims. To successfully recover compensation, an injured party and their lawyer must prove that the consumer product was “unreasonably dangerous” due to a defect in one of these three areas. A skilled attorney could investigate the exact reason for a product defect and determine an effective strategy for the circumstances.
Additionally, a victim and their lawyer could bring a product liability claim for a wide variety of consumer items. The most common types of products listed in these lawsuits include the following:
- Children's toys
- Pharmaceutical drugs
- Motor vehicles
- Household products
Recoverable Damages in Defective Product Claims
If an injured person and their legal counsel can effectively prove that a product was defective and unreasonably dangerous, they may recover compensation from the negligent manufacturer or producer of the good. Financial restitution could cover various losses associated with the victim’s injury or illness. In Georgia, there are typically two types of recoverable damages in a defective product claim: economic and non-economic damages.
Economic damages are meant to cover tangible losses, such as:
- Loss of past or future income
- Medical costs (including therapy and rehabilitation)
- Diminished earning capacity
- Other compensable losses related to the injury or illness
Under § 51-13-1(a)(4) of the Official Code of Georgia Annotated (O.C.G.A.), "noneconomic damages" are defined as any non-pecuniary losses or harm an injured party suffers. This essentially means any loss that does not have a set monetary value. Some of the more common types of non-economic damages include but are not limited to:
- Loss of consortium (i.e., inability to enjoy a familial or romantic relationship)
- Pain and suffering
- Emotional distress
- Mental anguish
A lawyer experienced in product liability cases could help assess an injured person’s losses to seek an appropriate amount of compensation.
Get in Touch with a Roswell Defective Products Lawyer Today
In the United States, defective product claims result in some of the most substantial damage awards in civil courts. This reflects the enormous burden an injury from a faulty product can have on a person’s life. Medical care and treatment costs in these types of cases are often significant.
If you or someone close to you was severely injured after using a defective product, you may be able to pursue compensation and hold the manufacturer accountable. Schedule a consultation with a Roswell defective products lawyer today to learn more about your legal options.