Product liability cases are crucial for consumers who have been harmed by defective or dangerous products. In Georgia, as in many other states, there are specific legal elements that must be established to prove a product liability case. Understanding these elements is essential for anyone considering legal action after being injured by a product. This discussion will delve into the intricacies of product liability law in Georgia, explaining what is required to successfully pursue a claim.
What are Product Liability Laws?
To begin with, it is important to recognize that product liability law in Georgia is designed to hold manufacturers, distributors, suppliers, and retailers accountable for releasing defective products into the market. The primary aim of these laws is to protect consumers from harm and ensure that those responsible for the defect are held liable. When pursuing a product liability case in Georgia, the injured party must demonstrate that the product was indeed defective. There are three main types of defects recognized under Georgia law: design defects, manufacturing defects, and marketing defects, also known as failure to warn.
Design, Manufacturing, and Marketing Defects, Explained
A design defect exists when there is an inherent flaw in the product’s design that makes it unreasonably dangerous even if manufactured correctly. This type of defect implies that every item produced according to the design will be defective. Proving a design defect often involves showing that a safer, feasible alternative design existed and that the manufacturer failed to adopt it. For example, if a car model has a design flaw that makes it prone to rollover accidents, and there was a feasible design change that could have prevented this, the manufacturer can be held liable for any injuries caused by rollovers.
Manufacturing defects, on the other hand, occur during the production process. These defects are not present in the product’s design but arise from errors in manufacturing. A product with a manufacturing defect will differ from the intended design, making it dangerous. Proving a manufacturing defect involves demonstrating that the specific item that caused the injury deviated from the manufacturer’s specifications. For instance, if a batch of children’s toys was produced with lead paint, contrary to the company’s specifications, and a child is poisoned by the lead paint, the manufacturing defect can be established.
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David May
Matthew Wilson
Marketing defects — or failure to warn — involve inadequate instructions or warnings about the product’s use. Even if a product is designed and manufactured correctly, it can still be dangerous if users are not properly informed about its risks. Proving a marketing defect requires showing that the manufacturer knew or should have known about the potential risks and failed to provide adequate warnings or instructions. For example, if a pharmaceutical company releases a medication without adequate warnings about potential side effects, and a patient suffers harm as a result, the company can be held liable for failure to warn.
Proving Causation
Once the type of defect has been established, the next element to prove in a product liability case in Georgia is that the defect directly caused the injury. This means there must be a clear link between the defect and the harm suffered by the plaintiff. Establishing causation often requires detailed evidence, including medical records, testimonies, and other documentation that demonstrates how the defect led to the injury. For instance, if a person is injured in a car accident due to a defective airbag that failed to deploy, the injured party must provide evidence showing that the airbag defect directly caused their injuries.
Proving Proper Use and Acquisition
In addition to proving the existence of a defect and causation, it is also necessary to demonstrate that the product was being used as intended or in a reasonably foreseeable manner at the time of the injury. This element is crucial because if the product was being misused or altered in a way that was not foreseeable by the manufacturer, the liability may not apply. For example, if someone uses a power tool in a way that contradicts the manufacturer’s instructions and gets injured, it may be difficult to prove that the manufacturer is liable for the injury.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.” - Debau I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner." - Nancy K. I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!" - Jacque Minor
Another important element in a Georgia product liability case is showing that the product reached the consumer without substantial changes. This means that the product must have been in the same condition as when it left the manufacturer or supplier. If the product was altered significantly after leaving the manufacturer, and these alterations contributed to the injury, it may be challenging to hold the manufacturer liable. For example, if a car’s braking system is modified by a third party after purchase and the modification leads to an accident, the manufacturer may not be held responsible.
The Statute of Limitations
Statutes of limitations are also a critical consideration in product liability cases. In Georgia, the statute of limitations for product liability claims is generally two years from the date of the injury. This means that the injured party must file a lawsuit within this time frame, or they may lose the right to pursue compensation. However, there are exceptions to this rule, such as the discovery rule, which may extend the filing deadline if the injury or defect was not immediately apparent. For example, if a medical device implanted in a patient fails after three years and the failure was not discovered until then, the statute of limitations may begin from the date of discovery.
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Comparative Negligence
Georgia follows the doctrine of comparative negligence in product liability cases. This means that if the injured party is found to be partially at fault for their injury, their compensation may be reduced by their percentage of fault. For instance, if a person is injured by a defective product but is found to be 20% at fault for misusing the product, their compensation will be reduced by 20%. Understanding this doctrine is crucial for plaintiffs, as it affects the amount of compensation they can receive.
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Navigating the complexities of product liability law in Georgia can be challenging, especially for those who have suffered injuries and are seeking compensation. At Princenthal, May & Wilson, LLC, we understand the difficulties faced by injured consumers and are dedicated to providing the legal support needed to pursue justice. Our team of attorneys has extensive experience in handling product liability cases and is committed to helping clients hold manufacturers and other parties accountable for defective products.
If you or a loved one has been injured by a defective product, it is crucial to act quickly to protect your rights. Contact Princenthal, May & Wilson, LLC today for a free consultation. Our knowledgeable attorneys will evaluate your case, explain your legal options, and guide you through the process of seeking compensation. With our experience and dedication, we will work tirelessly to ensure that you receive the justice and compensation you deserve. Call us now to schedule your consultation and take the first step toward holding the responsible parties accountable for their actions.