When you purchase any type of product, the last thing you want is to become injured due to a product malfunction or defect. However, this unfortunate outcome occurs more frequently throughout the United States than you might think. Over 38.5 million people received medical attention in 2010 due to an injury caused by a consumer product, according to the U.S. Consumer Product Safety Commission (CPSC). Sadly, that figure has yet to decline drastically. What can you do if your name becomes added to that extensive list of victims? Depending on the circumstances surrounding your personal injury in Lawrenceville, Georgia, this type of product liability could turn into a solid legal case or lawsuit in your favor.
Types of Product Malfunction Claims in Lawrenceville, GA
There are 3 primary types of product malfunction claims in Lawrenceville, GA that you can file depending on the details of your specific situation:
- Defect in Product Design: The well-developed product presents an unexpected yet inherent danger to consumers. Examples: Motorized play toy electrocutes users upon touch, smartphone explodes when battery overheats
- Defect in Product Manufacturing: The product is defective due to flawed manufacturing either by system error or human error. Examples: Steering wheel with defective airbag, bicycle with defective seat, playground slide with cracked railing
- Insufficient Instructions or Warnings: The product presents an unexpected danger or requires precautious use and does not provide instructions or warnings with detailed explanations. Examples: A prescription label that fails to warn consumers not to drive after taking the medication.
What is the Key to a Solid Product Liability Claim in Lawrenceville, GA?
Just by reading through the above-referenced claim types, you may automatically assume that you have an open-shut case. Theoretically, those three claim types encompass everything that could go wrong with a consumer product. However, that is not the key to filing a solid product liability claim that will lead to a courtroom victory. Contrary to popular belief, the product defect itself is not the cornerstone of a successful product malfunction and liability claim in Lawrenceville, Georgia. The key element that must be presented is how the defect or insufficiency directly caused your injury.
In addition, you must be able to prove that you were not personally liable for your injury. For instance, if you suffer from side effects to a medication, effects that were outlined either on the bottle or within your discharge paperwork, then you do not have as strong of a case as possible. Another example is if your airbag causes a substantial amount of bodily damage in the event of an automobile accident, but you were not wearing a seatbelt at the moment of impact. Therefore, it is imperative to ensure that you cannot only prove that the product defect or inefficiency caused your personal injury but that you were also not personally liable.
How a Georgia Personal Injury Attorney Can Help Your Product Malfunction Case
If you strongly believe that you have a solid personal injury case that was caused by a consumer product malfunction, it would be in your best interests to invest in the assistance of a personal injury attorney. As mentioned above, it is easy to assume that you have an “open-shut case” based on the evidence and claim type alone. However, the opposing counsel defending the manufacturer or seller of the product will fight hard to deflate any argument that you bring to the table through self-representation.
If you want the best results, it is highly recommended for you to depend on the professional insight and expertise of a personal injury attorney in Lawrenceville, Georgia. At the very least, you should consult an attorney to ensure that you even have a case at all. Your attorney will work with you to examine the details and circumstances surrounding your personal injury and the questionable product to determine which steps should be taken next.
Should I Hire a Georgia Lawyer for My Product Liability Case?
Cain Injury Law provides you with access to a team of aggressive and experienced personal injury lawyers that will guide you through each stage of your case – from the filing of the claim through the settlement negotiations and courtroom visits. Any questions that you want to ask or concerns that you want to address will be handled effectively and efficiently by the attorney who is assigned to your case.
For years, Cain Injury Law has built a solid reputation in Lawrenceville, GA for representing the seriously injured and disabled when it comes to consumer product malfunctions and product liability cases. Contact our office today to schedule your free consultation so we can get started on your case right away.