When you purchase a product, you do not expect it to be a safety hazard. Product manufacturers have an obligation to ensure that their products are safe, reliable and that they do not cause harm to consumers when they are used as intended. If a manufacturer fails to uphold this duty, it can be held liable for injuries caused by the product. If you or someone you love has been injured by a defective or dangerous product, you may have grounds to pursue a lawsuit against the product’s manufacturer, distributor or designer. A Brunswick product liability lawyer will help you investigate your claim. He or she may be able to help you recover compensation for damages like medical expenses, lost wages, and pain and suffering.
Our trusted lawyers at Roden Law have decades of combined experience helping families recover compensation for their losses. We are dedicated to advocating for your rights so that you have a chance to fight for the maximum compensation you deserve. Contact us for a free case evaluation. Our services are provided on a contingency fee basis, so there are no legal fees. We only get paid if we are successful in obtaining compensation for your claim. Our office is off Glynco Parkway right next to the AppleCare urgent care center.
Call us today at 1-844-RESULTS for your free case review.
What is Product Liability?
When a product is dangerous even though it is used as intended by the designer or manufacturer, putting the user at risk for injury, the product is considered to be defective.
The manufacturer, designer or others in the supply chain can be held liable for injuries if victims prove the product was defective and the defect made the product unreasonably dangerous for its intended use.
Types of Product Defects
There are three main types of defects that could cause injury and give rise to a lawsuit:
- Manufacturing defects – Manufacturing defects occur when the product is being assembled. The error typically only affects a few products being assembled rather than the entire batch. The error makes the final product different from the original design. For example, maybe parts were assembled incorrectly, or electric circuitry was installed the wrong way and presents a risk of electric shock. Manufacturers could have used outdated components that are unreasonably dangerous.
- Design defects – A design defect is a flaw in the original design of the product that could make the use or consumption of the entire line of products dangerous. In order to hold the company liable for a design defect, you will need to show that the risk could have been avoided if the manufacturer used an alternative design and this design would have been economically feasible. There are numerous examples of design defects, such as structural instability or overheating that can result in smoke inhalation or burn injuries.
- Marketing defects – Manufacturers or retailers who sell the product are obligated to state any known hazards that apply to the product. If a product is inherently dangerous, the packaging should include clear instructions informing the consumer on how to properly use the product to avoid injury. An example of a marketing defect could be a commercial promising a product is indestructible or will perform in certain conditions or will support a certain amount of weight. If the product does not hold up as the marketing says it should have, you may be able to pursue compensation for your injuries.
Common Types of Defective Products
Every day, people are injured by products that are poorly designed, improperly manufactured or lack proper instructions or safety warnings. These products can include:
- Electronic devices
- Auto parts
- Medical products
- Household products
- Children’s toys that pose a choking hazard
- Cosmetic products
If you have been exposed to a dangerous product that caused you to suffer an injury, contact a reputable Brunswick personal injury lawyer. Our team at Roden Law can assist you with your legal questions and help you determine the next steps of your case.
Call for your free case review at 1-844-RESULTS.
How to Prove a Product I Purchased is Defective
A qualified Brunswick product liability lawyer will thoroughly investigate the cause of your injury. In order to have a strong case and fight for fair compensation, your lawyer will need to prove the following four elements:
- The product caused you to suffer an injury: The defective product caused you to suffer an injury after using it as intended. Our Brunswick product liability lawyers will investigate this claim by using your medical records to connect your injury with the use of the product.
- The product is defective: The product has a flaw or defect that caused it to become hazardous for consumers when used as intended. This implies that the product does not clearly state the dangers and the dangers are hidden from consumers.
- There is a direct link between your injury the use of the product: In order to recover compensation, you must be able to link your injury to the product’s defect or flaw. One way to help show this connection is to seek medical assistance as soon as you become injured. This will help establish that your injury is connected to the product. Be sure to inform your doctor and other medical assistants how you obtained your injury and what you were doing when it occurred.
- You used the product as it was intended: You must be able to show that you used the product as intended when you suffered the injury. This shows that the manufacturer failed to warn you of the product’s unreasonable dangers. Manufacturers, retailers or others in the supply chain cannot be held liable if you used a product in a way that could not be foreseeable.
While many cases are based on the legal theory of negligence, we may also be able to file a lawsuit based on the legal theory of strict liability. Under Georgia law, manufacturers can be liable for injuries to product users if the product was not merchantable and reasonably suited to be used as intended and if you can prove the condition of the product is the proximate cause of injury.
Schedule a free consultation with a Brunswick product liability lawyer as soon as possible and we will get started on your case. Our attorneys at Roden Law will thoroughly investigate your claim and determine if the product is defective. If we discover that the product is inherently dangerous, we can manage the entire case on your behalf and pursue the fair compensation you deserve.
Call us today at 1-844-RESULTS.
Compensation Awarded for Product Liability Cases
If your injury caused you to suffer damages, you may be entitled to compensation for your losses. At Roden Law, we will work hard to help you pursue compensation for both economic and non-economic damages.
Economic damages are monetary damages incurred that resulted from your injury, which could include the following:
- Past medical bills
- Future medical expenses
- Lost wages or income from inability to work
- Loss of earning capacity
- Medical equipment
- Property damage
Noneconomic damages can be difficult to quantify as they do not have a tangible economic value. These losses include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Loss of reputation
Comparative Negligence in Georgia
Georgia follows a modified comparative negligence system, which means that if you are found to be 50 percent or more at-fault for causing your injury, you cannot recover any compensation. However, if you are less than 50 percent at-fault, you can recover damages, but your total award will be reduced by the percentage of which you are at-fault.
It is very difficult to determine the appropriate amount of compensation you should be awarded without the assistance of a knowledgeable lawyer. A skilled Brunswick product liability attorney from our firm knows how to investigate and gather documentation of the damages you have suffered and determine a fair value for the losses you have suffered. If you are partially at fault we will work to try to ensure you are not assigned more blame than you deserve. We are experienced at dealing with insurance companies and attorneys who are intent on awarding the lowest possible amount of compensation and we know how to counter their tactics.
Fill out a Free Case Evaluation form to get started on your case.
How Long Do I Have to File a Product Liability Case?
Product liability cases are complicated and can take a great amount of time to pursue as they sometimes involve many parties. If you believe that you were injured by a defective product, you should seek legal advice as soon as possible as some limitations exist.
According to Georgia Law (O.C.G.A. § 9-3-33), you have two years to file a claim after being injured by a defective product. Once the two years are up, you lose the right to file a lawsuit and if you get to court your case will likely be dismissed. The clock starts ticking on the date the injury occurred. However, there are some situations that prolong the time to file a claim.
If the defective product caused you to suffer property damages, you have four years from the date the property was damaged to file a claim. Also, Georgia recognizes that defective product injury victims may not immediately recognize they have grounds for a legal claim. In these circumstances, the statute of limitations does not start running until the victim discovers or is reasonably expected to discover he or she has grounds for a lawsuit.
However, Georgia, has a 10-year deadline for all product liability cases, no matter when the victim discovers he or she has grounds for a lawsuit. This 10-year clock begins to run on the date the product was purchased (O.C.G.A. § 51-1-11(b)(2).
As soon as you discover your injury, contact a Brunswick product liability lawyer so that we have as much time as possible to build a case and file it before the clock runs out.
Schedule a Free Consultation with a Brunswick Product Liability Lawyer Today
If you have been injured by a defective product, it is in your best interest to contact a skilled lawyer who has experience and knows the law. Our Brunswick product liability attorneys at Roden Law have many years of combined experience representing victims of negligence. We will investigate your case and work on your behalf to pursue fair compensation.
During a free, no-obligation consultation, we explain your rights and options. We will guide you through the legal process, fighting for your best interests. There are no initial costs to you as we provide services on a contingency fee basis, which means we only collect payment from our clients if we obtain the compensation they deserve.