When you purchase a product, you have a right to expect that it is safe to use. Manufacturers, distributors, and retailers of consumer goods have a responsibility to ensure their products are not harmful. Sadly, defective goods cause serious harm to consumers every year.
If a defective product caused you an injury, a skilled attorney could advise you on pursuing money damages for any losses you incurred. To seek justice for your suffering, call a Suwanee defective products lawyer to investigate the circumstances of your injury and advise you on your claim.
Products Liability Law Basics
Product liability law holds manufacturers and retailers responsible for the safety of the items they produce and sell. A product liability lawyer could pursue a claim against a manufacturer or seller based on the legal concept of either strict liability or negligence.
Strict Liability
The Official Code of Georgia Annotated §51-1-11 makes manufacturers and sellers strictly liable for the harm caused by a defective product. To establish strict liability, it is not necessary to show that the defendant acted carelessly. Instead, an injured plaintiff and their attorney only need prove that the product was defective when it left the control of the manufacturer, and that the defect caused the person’s injury.
There are three types of defects that trigger strict liability. These are:
- Design defect—the product could have been designed to be safer, and its current design renders it unreasonably dangerous
- Manufacturing defect—a particular batch or unit of a product was unsafe because of a flaw in the manufacturing process
- Labeling defect—the label was inadequate to inform a consumer about safe usage and known hazards of the product
Negligence
In some cases, an experienced attorney might decide to bring a product liability claim under a theory of negligence. To prove negligence, a skilled litigator must show that the manufacturer or seller did not exercise reasonable care in protecting the consumer from the dangers of their product. A lawyer must also show that this negligence caused the defect that led to the plaintiff’s harm, and that the plaintiff suffered actual losses as a result.
Damages in Defective Product Claims
To defend themselves against product liability claims, defendants might attempt to shift the blame onto the injured plaintiff. A company and their legal team may argue that a plaintiff’s carelessness or misuse of a product contributed to the malfunction and resulting injuries.
At trial, it is crucial for an injured plaintiff to have their own experienced defective products lawyer to contest these claims. Georgia permits a negligent plaintiff to collect damages, but only if they are less responsible for causing their injuries than the other party. Thus, a plaintiff who is found 50 percent or more at-fault cannot recover any compensation. Ultimately, the Judge decides how to allocate responsibility between the parties.
If the plaintiff bears a degree of fault less than 50 percent, they can still collect damages from the negligent party. However, their amount of compensation will be reduced proportional to their percentage of fault. As such, it is crucial for a plaintiff to work with a seasoned local attorney who could contest allegations of negligence and maximize their potential compensation in a product liability case.
Contact a Suwanee Defective Products Attorney
Filing a lawsuit against a big corporation is a difficult task to undertake alone. Luckily, a dedicated attorney at our firm could provide the experienced and advocacy you need to get fair restitution for your injuries. A Suwanee defective products lawyer could represent you in settlement negotiations or pursue your claim in civil court to obtain the compensation you deserve. However, Georgia allows injured people only two years to bring a lawsuit, so prompt action is essential to preserve your rights. Contact our office to schedule a case review today.