Atlanta Product Liability Lawyers

Three Types of Product Defects

A product defect occurs when a product is no longer capable of being used safely or as intended due to an unintended issue with it. How those issues come about, though, can happen in one of three ways, in most cases.

The three most common types of product defects are:

• Design defects: All products go through a design stage, no matter how lengthy or brief. If there is an issue with a product that happens during the design process, it is defective by design and, therefore, cannot be considered safe for use under any circumstances. Takata Inc. airbags were designed to use an unsafe chemical that caused them to explode, so they were unsafe by design.
• Manufacturing defects: When a product is being made, issues can happen that make them unsafe, or defectively by manufacturing. Technically, any defect that happens between design and the point of sale is a manufacturing defect. Many J&J talc powder products were contaminated with asbestos when the talc was mined, so they are unsafe by manufacturing.
• Advertising defects: Once a product is available for purchase, it must inform consumers of all potential risks and hazards, as well as general instructions on how to use the product if necessary. Failing to provide these forms of information causes an advertising defect. Zantac heartburn medication can cause users to be exposed to large amounts of NDMA, but consumers were not warned about this known side effect, so it is defective by advertising.

Hold Onto Your Defective Product

It is important that you keep the defective product until you talk with our Atlanta product liability attorneys. We will want to inspect it if possible and bring in third-party experts if needed.

For example, we can call product engineers to analyze the product and identify what happened to make it dangerously defective.

If you have already notified the product maker that you were hurt by their product, then they will probably contact you soon – or they already have – and tell you to mail the product to them.

We reiterate: Do not send it away. The product is the best piece of evidence you have. Giving it to them could cause it to be discarded.

Legal Professionals Ready to Help with Your Case

Call defective product attorneys if you were hurt by one of these products:

• Auto parts
• Airbags, including Takata airbags
• Household appliances
• Power tools
• Machinery and equipment
• Medications
• Medical devices
• Electronics
• Children's toys
• And more

With us at the helm of your case, you can confidently file a product liability claim against any product maker. We have the resources and experience needed to take them on, so you don’t have to.

Georgia Strict Liability Laws

In Georgia, like in many other states, strict liability laws regarding product liability hold manufacturers and sellers responsible for defects in products regardless of fault or negligence. This means that if a product is defective and causes harm to a consumer, the injured party can seek compensation from the manufacturer or seller without having to prove that they were negligent.

Georgia's strict liability laws for product liability are primarily defined under O.C.G.A. § 51-1-11. This statute outlines that manufacturers, distributors, suppliers, and retailers can be held liable for injuries caused by defective products if:

• The product was defective at the time it left the manufacturer's control.
• The defect caused the injury while the product was being used in a reasonably foreseeable manner.
• The product was not substantially changed from the condition in which it was originally sold.

Most product liability claims involving personal injury or damage to property must be filed within two years from the date of the injury or damage.

Our Atlanta product liability lawyers can gather the necessary evidence to build your case and help prove all the above elements. Our goal is to maximize your recovery and help you recoup the financial resources you need to get back on your feet.

If you were hurt and meet all the requirements listed above to have grounds for a product liability lawsuit, you may be able to obtain compensation to cover all your expenses related to the injury you suffered because of a defective product.

Who is Liable?

Various parties along the supply chain can be held liable for product liability lawsuits under certain circumstances. These parties include:

• Manufacturers: The manufacturer of a product can be held liable for defects in the design, manufacturing, or labeling of the product. This includes both the original manufacturer and any component manufacturers that contribute to the final product.
• Distributors: Companies involved in distributing or selling the product can also be held liable if they were aware of the product's defects or failed to exercise reasonable care in inspecting or warning about potential dangers associated with the product.
• Retailers: Retailers who sell defective products can be held liable if they knew or should have known about the product's defects and failed to take appropriate action, such as warning consumers or removing the product from shelves.
• Suppliers: Suppliers of component parts or materials used in the manufacturing of a product may also be held liable if their components or materials contribute to the product's defectiveness.

Compensation in Product Liability Lawsuits

If you were injured by a defective product, you will need the help of an attorney to prove liability. Once our firm accepts your case, we will launch a thorough investigation into the exact details of what happened, what type of defect the product had, and who is liable.

Once all the necessary evidence is gathered, your attorney will negotiate on your behalf for a fair settlement.

At The Roth Firm, we take pride in our ability to help the injured receive the compensation they deserve as quickly as possible. While we always strive for swift, favorable settlements for our clients, we also realize that this is not always possible.

If the defendant refuses to offer a fair settlement, we are fully prepared to represent you at trial.

Depending on the specific details of your case, we can help you seek compensation for the following damages:

• Emergency medical care costs/hospitalization
• Surgeries and other treatments
• Rehabilitation and physical therapy
• Ongoing and future medical expenses
• Pain and suffering, including emotional anguish
• Lost wages, income, and other employment benefits
• Lost future earnings and lost earning capacity due to disability

Contact our defective product lawyers in Atlanta by calling (404) 777-4899 or contacting us online. Your initial consultation is free.