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Product Liability Attorney Atlanta

When a product causes an accident or injury, it can be because of user error, but it can also be because the product is defective in some way. If that is the case, then the injured person needs to consult with a product liability attorney. That is because those kinds of attorneys specialize in getting victims compensation after they have received an injury because of a defective product.

Product liability law is a subcategory of personal injury law and it is important because it holds companies accountable if their products fail. A company should make sure that their products are safe before they are sold; if they are not, and someone gets injured, then the injured party should contact experienced product liability attorneys like Seay & Felton LLC to get the help they need.

What Is Considered a Product Defect?

There are a wide variety of product defects, some obvious, some not, but when they occur, they all need to be addressed by a product liability attorney.

Manufacturing Defect

This is when there is a problem caused by a manufacturing error in the place where the product was constructed. There can be any number of reasons for why a product may end up with a defect but the end result is a product that is different, and less safe, than other similar products. Product recalls are usually the result of manufacturing defects and examples include malfunctioning airbags or salad kits tainted by E. coli. If an injury was caused by a product not working the way it was supposed to, then the injured party has a valid case and should contact a product liability attorney.

Design Defect

Unlike a manufacturing defect, a design defect is when there is something inherently wrong with the way a product is designed. If the product was used as intended but ended up causing harm to the user, then the product is defectively designed. For example, an item of clothing that ends up being highly flammable, or a child’s toy that presents a choking hazard. In the case of a defectively designed product, the lawyer has to prove that any injuries suffered by the user were a result of a design flaw in that product.

Lack of Clear Instructions or Cautionary Text

Some people might think that warning labels are getting out of control, but many of them are necessary in order to keep consumers safe. If a product is capable of causing harm to the user because they were not adequately warned of possible hazards the product may cause, then the manufacturer can be held liable. The same goes for instructions that are unclear as to the proper usage of the product because that could also cause harm to consumers. An example is if a driver crashes after falling asleep at the wheel because the label on a bottle of the medication does not let users know that it might make them drowsy. Or if that same bottle of medication is harmful when combined with other types of medication.

What To Do If You Have Been The Victim Of a Defective Product

The first thing you need to do is to contact a personal injury lawyer who specializes in product liability. Depending on the type of case, the lawyer may represent you individually or as part of a larger class-action lawsuit. A class-action lawsuit is when an attorney files a lawsuit against a defendant on behalf of a group of people. In this case, the people in question would be the ones affected by the defective product. However, before a lawsuit of any kind can be filed, the injured party must prove the following:

  1. They were injured or harmed in some way as a direct result of using the product.
  2. The product is defective in manufacturing, design, or instruction.
  3. The product’s defect is what caused the injury to the plaintiff.
  4. The plaintiff used the product in the manner in which it was intended.

If all of the above can be proven, then a lawsuit against the manufacturer is a viable option.

File Your Product Liability Lawsuit Before It’s Too Late

Georgia has a ten year limit for anyone injured by a defective product to file a lawsuit. That is enough time for any victim and their attorney to carefully weigh all their options, formulate a plan of action, and bring it to fruition. Even though ten years is a lot of time, no one should wait too long before they file a product liability lawsuit.

That is because the victim will need compensation from the manufacturer to take care of medical expenses, lost wages, pain, and suffering, and any other financial problems stemming from the defective product. The manufacturer might offer the victim compensation in exchange for not filing a lawsuit, but before any decision is made, an attorney should be consulted first. That is why an experienced personal liability lawyer is always necessary in cases of defective products.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.

By Sheena Jordan
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