No one would buy something if they knew it was defective, dangerous, and could end up hurting them or their loved ones. Who would buy a medication that causes harm instead of healing? Who would buy a car that explodes when rear-ended? Who would buy toys for children that could choke them?
The truth is that many people do this without knowing it. The fault doesn’t lie with the consumer. It’s the manufacturers that have failed to meet their legal duty to make sure the products they sell to consumers are reasonably safe.
No two product liability cases are exactly alike. The skilled and experienced Atlanta product liability attorneys at the Butler Law Firm understand this, and we will make sure your unique case gets the personalized attention it deserves. We take only a limited number of cases each year, so we can concentrate on seeking the best results for each client.
Our Atlanta product liability lawyers understand that you only have one chance at seeking compensation for your injuries. We are committed to doing everything possible to ensure that your one shot at counts.
If you believe we might be able to assist you with a product liability claim, please contact us whenever you are ready to discuss it. Talking to us is free, confidential, and without further obligations.
What Is Product Liability?
Product liability refers to the legal responsibility manufacturers, distributors, or sellers have when they allow a defective product to fall into the hands of a consumer. Companies have an obligation to deliver products that are not unreasonably dangerous.
Allowing a defective product to hurt someone can result in liability. Injured victims can pursue compensation from the companies that allowed the dangerous product to reach consumers.
What Do You Have to Prove in a Product Liability Claim?
Georgia holds product manufacturers strictly liable for defective products that harm people. The strict liability standards means that if a company makes a defective product that harms someone, the company can be required to pay compensation to the victims. That means that if the manufacturer sells a defective product, and that product hurts someone, the manufacturer can be held accountable for the injuries and related losses.
If the following elements can be proved, you could be entitled to compensation:
- An injury occurred. The nature of the injuries must be shown. Injury reports, medical records, medical bills and testimony from doctors are common forms of evidence used to prove an injury occurred from the defective product.
- The product is defective. The product must be shown to have been defective at the time it was used. Products can be defective if they:
- Were improperly designed.
- Were poorly or improperly made.
- Lacked necessary warning about dangers.
- The product defect caused the injury. You must show that your injuries occurred as a direct result of the product’s defect. In product liability cases, product experts and doctors can show that the defect led to the injuries.
- You were using the product as it was intended. You must show that you were using the product in a way that any reasonable consumer would have used it.
How Much Is Your Product Liability Case Worth?
There’s no way to predict exactly how much your particular product liability case is worth. No two product liability cases are exactly alike.
If a lawyer determines that you have a viable claim, you likely will be entitled to an array of damages. Damages in a product liability lawsuit could include:
- Medical bills (past and future)
- Lost wages
- Loss of future earnings
- Pain and suffering
- Permanent or temporary disability
- Loss of companionship
- Loss of consortium
Types of Product Liability Cases We Handle
At Butler Law Firm, our experienced Atlanta product liability lawyers handle many different types of cases, including:
Automobile manufacturers and auto parts makers owe consumers a duty of care to design their vehicles in a way that keeps motorists safe. Auto manufacturers are often named as the defendants in defective product claims involving cars.
Common types of auto defects include:
- Exploding gas tanks
- Brake malfunctions
- Seatbelt defects
- Tire defects that cause blowouts or tread separation
- Airbag defects
- Child car seat defects
Dangerous Children’s Products and Toys
Common examples of dangerous or defective children’s products include:
- Faulty car seats and strollers
- Toys with sharp edges that can cause stab wounds
- Toys that could present a choking hazard
- Toys with cords that could become wound around a child’s neck or limbs
- Dangerous children’s clothing
- Defective cribs and baby beds
- Water absorbing toys that expand when wet
Drug manufacturers must follow the Food and Drug Administration’s guidelines about the manufacturing, promotion and sale of their pharmaceutical products. They also carry the responsibility of notifying doctors and consumers of the drug’s potential side effects.
Even if manufacturers follow the FDA’s regulations, they can still be held liable for dangerous medications.
Defective Medical Devices
While medical devices have improved health care for many patients, these devices can have catastrophic consequences when they are defective. If a manufacturer designs and sells a defective medical device, the device can end up seriously injuring the patient it was supposed to help.
Instead of issuing a recall, some manufacturers will try to cover up the problem and deny that anything is wrong with their device.
Examples of some types of medical devices that have seen defects and prompted lawsuits include:
- Defibrillators – Small electronic devices implanted in the heart that deliver electric shocks to maintain the heart’s rhythm.
- Implants – Synthetic devices implanted to restore function to the patient’s disabled body part, such as a hip or knee.
- Stents – Tubes inserted into an artery to prevent blockage.
Defective Tools and Equipment
Each year in Atlanta, many accidents are attributed to defective tools and equipment. If an accident occurs in the workplace, the injured employee may have a product liability case in addition to a worker’s compensation claim.
What to Do If You’ve Been Hurt by a Dangerous Product
If you have been injured by a dangerous product, take these steps to improve your chances of having a successful claim:
- Keep the product. If possible, hang on to the defective product as evidence. If the product was defective due to a manufacturing error, having the actual item can be important evidence you need to prove liability. The Atlanta defective product attorneys at the Butler Law Firm can work with experts to examine the product and determine the cause and nature of the defect.
- Document the product. Any information you can provide regarding how you came into possession of the product could help your case. Sales receipts, maintenance documentation, and warranties can help.
- Schedule a free, no-obligation consultation. There are time limitations on product liability cases. The sooner you meet with the experienced Atlanta defective product attorneys at the Butler Law Firm, the faster we can get to work. We will start by investigating your injury and the defective product that caused it.
Talk to an Atlanta Product Liability Attorney
You do not have to wait for an official recall of a product before seeking compensation for injuries caused by a defective product. The companies responsible for defective products may still be held liable for injuries that their products caused.
The product liability lawyers at the Butler Law Firm in Atlanta have extensive experience with claims related to defective products. Call us or contact us online if you believe we can help you. Talking with us is free.