When you purchase a product and use it the way it is intended, you should be able to trust that it will not cause you to suffer serious injury or cause the wrongful death of someone you love. Unfortunately, thousands of people suffer serious injuries each year as a result of dangerous or defective products. A person who is injured by a product defect may seek compensation for his or her injuries from anyone in the chain of production including the company that designs, manufactures, distributes or retails the product. There are more than 60,000 injuries caused by defective products just amongst products marketed to children annually. The scope of the danger posed by defective products is evidenced by the fact that the cost associated with deaths, injuries and property damage from defective products exceeds $700 billion per year.
If you have suffered serious injuries or lost a loved because of a dangerous or defective product, you are entitled to your compensation for the physical, emotional and financial harm that you have suffered. The experienced team of McLeod Law Firm has been zealously representing victims of defective and unsafe products throughout Georgia for over 25 years. We are committed to providing the highest quality legal service and have worked diligently to fashion a reputation for successfully resolving cases for our clients who have suffered serious injuries and wrongful death caused by defective products throughout Northern Georgia.
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Georgia Product Liability: Theories of Liability
A product liability lawsuit for injuries resulting from an unsafe product may be based on one of three legal theories:
- Negligence: A company that makes a product must exercise reasonable care when designing, manufacturing, inspecting, testing and marketing a product. A company also has a responsibility to provide proper instructions and warnings regarding potential hazards associated with a product.
- Breach of Warranty: A product liability lawsuit may also be based on a breach of warranty. The warranty may be an express warranty or a warranty implied by law, such as the implied warranty that a product is fit for the particular purpose for which it is intended.
- Strict Liability: It can be difficult to prove that the company that makes a product is negligent, and liability based on warranty may be limited by a product disclaimer. Strict liability provides an additional theory of liability in such cases but does not mean that the product manufacturer is automatically at fault. Your Georgia product liability lawyer must establish the following: (1) the product was defective when it left the manufacturer’s control; (2) it was unreasonably hazardous; (3) the product defect caused your injuries.
Types of Product Defects
There are many types of defective products including those that are recalled by the U.S. Consumer Product Safety Commission, which has jurisdiction over 15,000 types of consumer products. This agency often makes recommendations and finding regarding consumer product safety and coordinates recalls of dangerous and defective products. Common examples of product defects include design defects, manufacturing defects and a failure to warn of product dangers.
- Design Defects: These defects are inherent in the product before it is even manufactured. When a product is defectively designed, every unit of a particular type of product will typically be defective. A product is defective in design if there was another feasible design, which would have eliminated a foreseeable risk of harm. A design defect in the automobile industry might include defective design of an SUV in having a high center of gravity and narrow wheelbase which makes it prone to rolling over in an auto accident.
- Manufacturing Defects: A manufacturing defect is a hazard that arises due to an error during the production process. With this type of defect, many units of a product will be safe, but a mistake in production renders some individual units of an otherwise safe product defective. An example of a manufacturing defect might include a number of bottles of particular lot of a medication that becomes contaminated because of failure to follow sterilization procedures.
- Failure to Warn: These are basically defects in the marketing, labeling or warnings on a product. The product itself may generally be safe if used a certain way but pose and unreasonable risk if used in another way that is foreseeable. A product may be unsafe when used in a foreseeable manner that differs from the intended use of the product. An example might be a toy with small parts that is intended for teenagers but which has obvious appeal to children under five. The product should carry a warning that it needs be kept out of reach of children under five because of a potential choking risk.
Significant Examples of Defective Products
There are literally thousands of defective products that may cause serious injuries or wrongful death to unsuspecting consumers. The wide range or defective products that may be the subject of a product liability lawsuit is simply too extensive to list. However, we have provided some examples of a cross-section of classes of defective products and lawsuits:
Defective Automobile Lawsuits: Roof crush injuries, defective tires, occupant ejections, faulty seatbelts, SUV and 15-passenger van rollover accidents, airbag defects, unintended sudden acceleration and defective door latches.
Defective Medical Product Lawsuits: Insulin pumps, defibrillators, faulty pacemakers
Dangerous Children’s Product Lawsuits: Cribs, toys that create choking hazards, flammable children’s clothes, playsets and products without adequate instructions and warnings
Home and Lawn Equipment Lawsuits: Collapsing ladders, defective small electronic or mechanical devices and power tools
These are only a few examples of common types of defective products that can cause serious injuries and death to consumers. If you or a loved one has been injured by a defective product in Gainesville or anywhere in Georgia, McLeod Firm can help you obtain the compensation you need to recover from your injuries and get your life back on track.
Dedication and Commitment to Victims of Defective Products
This is only a brief overview of the types of defective products that may form the basis for a product defect lawsuit. McLeod Law Firm is built on a dedication to providing exemplary legal services to clients in Gainesville and elsewhere throughout Northern Georgia. Our dedicated attorney and staff at McLeod Law Firm have obtained millions of dollars on behalf of those injured or killed by the negligence of others throughout Georgia. Our commitment to excellence has earned our law firm a solid reputation in the Georgia legal community for trial preparation and advocacy in the courtroom. Our law firm philosophy is founded on the principle of striving to provide outstanding legal services by taking fewer cases which allows us to focus our efforts and obtain the results upon which our law firm’s reputation is founded.