When you’re injured due to a manufacturing defect, you’re not just facing medical bills—you’re up against companies and manufacturers who have their own team of legal professionals. These corporations are well-versed in Georgia laws and will do everything in their power to minimize their liability. This is where involving an experienced attorney becomes critical. A dedicated lawyer can help you navigate through the complexities of Georgia laws, collect evidence, negotiate with the responsible parties, and if necessary, file a lawsuit to ensure you receive the compensation you deserve.
Understanding Manufacturing Defects That Result In Injury
- Design Flaws Vs. Manufacturing Defects: Before diving into the types of manufacturing defects, it’s important to distinguish them from design defects. While a design defect affects every product made, a manufacturing defect occurs when something goes wrong in the process of creating the individual product, deviating from the intended design.
- Materials Defect: One common type of manufacturing defect is a materials defect. This happens when subpar or incorrect materials are used during the manufacturing process. For instance, using a weaker alloy instead of the specified metal in a car’s brake system can result in catastrophic failure and injuries.
- Assembly Errors: Another frequent issue is assembly errors. These happen when a product is not assembled correctly, missing screws, bolts, or other essential components. Even if the design and materials are flawless, a badly assembled product can malfunction and cause injuries.
- Quality Control Failures: The last type of manufacturing defect we’ll discuss is quality control failures. Sometimes, despite appropriate materials and correct assembly, products aren’t adequately tested or inspected before being released into the market. This oversight can result in defective products causing harm to the consumer.
Major Causes Of Manufacturing Defects That Lead To Injuries
- Human Error: The most basic cause of manufacturing defects is human error. Whether it’s a lapse in judgment, poor training, or simple oversight, human mistakes can result in serious defects. For example, a factory worker might misread specifications, leading to the wrong components being used.
- Equipment Malfunction: Another common cause is equipment malfunction. Even the most advanced manufacturing facilities are not immune to this. When a machine doesn’t operate as it should, it can produce defective items, which can subsequently cause injury.
- Inadequate Quality Checks: As mentioned before, quality control failures can also be a type of manufacturing defect. However, inadequate quality checks are a major cause behind many types of defects. If there’s no effective system in place to catch errors or defects, harmful products could end up on the shelves.
- Supply Chain Issues: Sometimes, the problem starts before the manufacturing process even begins. Supply chain issues can result in subpar materials being delivered to the manufacturing facility, which then go on to become part of the final product. This type of issue can be difficult to pinpoint but is a significant cause of manufacturing defects.
Who Could Be Liable For A Manufacturing Defect That Results In An Injury?
When an injury occurs due to a manufacturing defect, pinpointing liability is a crucial step in the legal process. In Georgia, a range of parties can be held accountable. Primarily, the manufacturer of the defective product is often liable because they are responsible for ensuring the product meets safety standards. However, liability is not limited to the manufacturer. Retailers, wholesalers, and even distributors can be held accountable under Georgia law if they played a role in bringing the defective product to the consumer. In some instances, third-party vendors involved in the manufacturing process, such as suppliers of raw materials, may also share in the liability.
Relevant Georgia Laws On Manufacturing Defects
Under Georgia’s Product Liability Act, a person who sells a product in a defective condition unreasonably dangerous to the user can be liable for any injuries caused. This law makes it easier for injury victims to pursue a claim, as they need not prove negligence, only that the product was defective and caused the injury.
Types Of Damages Available To A Victim Of A Manufacturing Defect In Insurance Claims, Lawsuits
Once liability is established in a manufacturing defect case, the next question is what types of damages are available to you. In Georgia, damages are typically categorized into two main types: economic and non-economic damages.
- Economic Damages: These are quantifiable losses that you have incurred as a result of your injury. This includes medical expenses, lost wages, and other financial losses directly related to the injury, whether that injury is a broken bone, a burn, a traumatic head injury, or involves any other kind of harm.
- Non-Economic Damages: Non-economic damages refer to the intangible losses you suffer, such as pain and suffering, loss of enjoyment of life, and emotional distress.
- Punitive Damages: In some cases, punitive damages may be awarded in Georgia to punish the liable party and deter similar conduct in the future. However, punitive damages are only awarded in cases where the defendant’s conduct was particularly egregious.
- Georgia Laws On Damages: Georgia law places no cap on economic and non-economic damages in personal injury cases. However, punitive damages are capped at $250,000, except in cases involving intentional misconduct or situations where the defendant was under the influence of drugs or alcohol.
Contact Us For Informed Legal Representation
If you’ve suffered an injury due to a manufacturing defect, don’t try to navigate this complicated process alone. Butler Kahn manufacturing defect attorneys have offices in Atlanta, Jonesboro, Lawrenceville, and Roswell and are ready to help you every step of the way. Contact us today for a free consultation and let us fight for your rights. You can reach us at (678) 824-6845 or online to discuss your potential manufacturing defect injury claim. We’re committed to ensuring you get the justice you deserve.