Atlanta Defective Products Lawyer
Too many people suffer injuries and wrongful death relating to defective products each year. If you lost a loved one as a result of a defective product, we understand how devastating this can be. Injuries and damages from incidents involving consumer products cost the nation more than $700 billion a year, according to the U.S. Consumer Product Safety Commission.
Why Choose Williams Oinonen LLC
At Williams Oinonen LLC, we will do everything in our power to ensure that the responsible party is held liable and you recover the compensation you and other family members deserve. Our Atlanta defective products lawyers have over a decade of experience of helping their clients. Contact an Atlanta attorney today for a consultation by filling out our online form or calling (404) 654-0288.
Different Types of Defective Product Claims
If you lost a loved one because of a defective product, it’s essential to understand in which circumstances you may have a viable legal claim. In 2010, there were 38,573 product related injuries in the United States. There are three different scenarios in Georgia where you may have a claim based on a defective product.
1. Design Defects
Anytime a product is manufactured, it must first go through a design process. If the design was flawed, this could result in a dangerous product, even if it was made exactly how it was intended to be created based on the design.
In a design defect case, the plaintiff is alleging and must prove that every single product created in accordance with that design is unreasonably dangerous. In determining if the product is defectively designed, a jury is tasked with balancing the inherent risks of harm against the benefits of the product. If the potential risks outweigh the benefits, it will be considered unreasonably dangerous. This is referred to as the risk-utility test.
2. Manufacturing Defects
A manufacturing defect occurs when the product is in the process of being created. There is a flaw in the actual building of the product rather than the design. In this case, the manufacturer can be held liable for injury or death. This can happen with motor vehicles as well. Georgia’s Lemon Law is in place to help you get defective products repaired by the manufacturer. Ideally, the reparations to the vehicle can help prevent defective product injuries and deaths.
3. Marketing Defects (Failure to Warn)
Anytime you use a product, it entails certain risks. However, manufacturers are required to disclose any nonobvious foreseeable dangers that could arise from normal use of a product.
Who Can Bring a Product Liability Claim in Georgia?
Any individual who sustains an injury caused by a defective product will likely be able to file a product liability claim in Georgia. If a product liability victim is under the age of 18, their parent or legal guardian will be the ones responsible for filing the lawsuit on their behalf. If you are unsure about whether or not you can file a product liability claim, or whether your claim is valid in the first place, we encourage you to reach out to an Atlanta product liability lawyer as soon as possible.
Recoverable Compensation in a Product Liability Case
Individuals who sustain injuries caused by a defective product may be able to recover various types of compensation for their losses. At Williams Oinonen LLC, we work diligently to recover both economic and non-economic compensation on behalf of every effective product client that we help. This can include, but is not limited to, the following types of compensation:
- Emergency medical expenses
- All hospital stays or follow-up medical visits
- Prescription medications or medical devices
- The cost of travel to and from medical visits
- Lost income if an individual cannot work because of their injury
- Property damage expenses caused by the defective product
- Pain and suffering damages
- Loss of enjoyment of life damages
Who is Responsible for a Defective Product Injury in Atlanta?
There are various parties that could be held liable for a defective product claim. Any party in the chain of distribution for the product in question could be held liable. This includes the:
- Manufacturer. The company that originally manufactured a product could certainly be responsible if their actions led to the defect. If a defective component is part of a larger product, then there may be multiple manufacturers involved they need to be examined for liability. For example, if a defective airbag causes a serious injury, the manufacturer of the airbag as well as the manufacturer of the vehicle may hold liability for the person’s injuries.
- Retailer. The store where an item was purchased could hold liability, even if they did not manufacture the item. A retailer could be liable for selling a product that was known to be defective, or they themselves could have made a mistake and caused the product defect.
- Wholesaler or distributor. There are many parties in between a manufacturer and a retailer that could be responsible for a product defect. These parties could include wholesalers, suppliers, distributors, delivery personnel, and more.
Should You Sue a Company for a Faulty Product?
Yes, it is certainly possible to file a lawsuit against a company or manufacturer if they supplied a faulty product to consumers. There are various laws that apply in these situations, and the company may actually hold strict liability for the incident, meaning it will not be necessary to prove the negligence of the company or manufacturer if the product is indeed defective.
Filing a lawsuit against companies can be challenging, particularly when you have limited legal experience and few resources. However, a skilled Atlanta defective product attorney may be able to handle your claim on a contingency fee basis and use their resources to pursue a claim against the company. Under this type of fee arrangement, you will pay no upfront or out-of-pocket cost related to your case, and you will only owe legal fees after the attorney successfully recovers the compensation you need through an insurance settlement or personal injury jury verdict.
Statute of Limitations in Georgia
If you lost a loved one due to a defective product, you generally have two years to file a lawsuit. The timeline begins on the date of the victim’s death. If you fail to file on time, you will likely forfeit your right to recover any compensation that you would otherwise be entitled to.
How to Win a Defective Product Case
In order to be successful in a products liability case, the following must be proven:
- The product had a defect at the time of injury or death;
- The defective condition was the cause of death;
- The product was in basically the same condition as it was when it left the manufacturer; and
- The decedent used the product as it was intended to be used
In Georgia, you generally do not have to prove that the manufacturer was negligent. Most Georgia products liability cases are governed by strict liability. This means you simply need to prove the above elements in order for the manufacturer to be held legally responsible. In order to determine precisely what kind of defective product case you are going to bring, it’s in your best interest to contact an experienced attorney right away.
Williams Oinonen LLC Is Here for You
Williams Oinonen LLC is a boutique law firm whose experienced attorneys can handle any type of products liability case. Our Atlanta defective products attorneys have been litigating and winning cases for years, and we will fight for your rights every step of the way. Contact us today for a consultation by filling out our online form or calling (404) 654-0288.