But, products can and do fail to meet such expectations, and the results can be dire. Product liability in Georgia is a body of law that has been designed to protect customers from suffering injuries and harm as a result of defective goods. If you have suffered an injury or lost a loved one as the result of a defective product, a product liability lawyer at Cain Injury Law can fight to get you the help you need. Don’t go up against the companies with an experienced fighter in your corner.
Understanding Product Liability Law
There are three main kinds of product liability lawsuits that a product liability attorney deals with regularly. Firstly, there are lawsuits based on a defective design. This happens when there is a flaw in the design of a product. The second kind of case is based on manufacturing defects, which occur when a product is going through the assembly process and can involve either a single product or a batch thereof. In this type of case, a consumer might claim that something was flawed or went wrong during the manufacturing process that resulted in his or her injury or a person’s death.
The third kind of lawsuit that a product liability lawyer deals with revolves around the failure to warn consumers. In this case, a manufacturer of an item must inform consumers who use the product of any foreseeable dangerous issues. Failure to warn users occurs when the manufacturer failed to include adequate usage instructions. Under Georgia law, manufacturers must continue warning customers of any dangers.
A few examples of cases that a product liability attorney deals with include:
- Use of toxic or poisonous materials
- Contamination of medicine or food
- Unreasonably weak materials
- Failure to properly test products for safety purposes
- Conveyor belts that lack safeguards
- Mislabeling of products or failure to sufficiently label a product
- Failure of industrial equipment
- Defective seat belts, seats, and airbags
- Defective tires
When it comes to medical devices and pharmaceuticals, defects can occur at any stage, including an item’s manufacture, design, warning, instructions, testing, the physician’s prescription, and even the pharmacist’s distribution. There are times when medication may cause harm if the manufacturer failed to divulge adverse testing results, and there are cases where, during manufacturing, contaminants were allowed into a product. The consequences can be devastating.
How to Prove Product Liability
To file a lawsuit claiming product liability, a person must prove that the product that they were injured by was defective and that it led to injuries.
A product liability attorney must prove certain criteria in order for a case to be successful. Despite the type of defect, the evidentiary foundations needed to prevail in a court of law apply in just about all product liability cases. There are four core elements to litigating and these include:
- A product was defective at the time the injury occurred
- The defective item proximately caused the harm
- The product was in the same condition as it was when it left the defendant
- The product was supposed to be used or was even being used in a way that was reasonably foreseeable to the defendant
There are four legal grounds to bring such a lawsuit, including:
- Strict liability
- Fraud or misrepresentation
- Breach of warranty