Do you need product liability lawyer in Columbus GA? Purchasing a product means that you have the right to expect certain things about the product. One of the most important expectations is depending on the product not hurting you. That should never be too much to ask of a consumer product. However, often it is. At Shrable Law Firm, our Columbus injury attorneys have seen many cases of defects in design and manufacturing, and therefore, we never underestimate corporate negligence.
You always have the right to seek justice and compensation when a defective product hurts you. After all, the foundation of a functioning economy is safe and effective products, and it is dangerous products that ruin confidence.
Are you a resident of Columbus, Georgia who wishes to seek the help of product liability lawyers about a defective product that caused you harm? Give us a call at Shrable Law Firm today at (762) 821-0051 for a free consultation.
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What is Product Liability Law?
Any time that you purchase something, you have the legal right to expect that the product will not harm you if you’ve used it properly. Product liability laws focus on a mixture of federal and state regulations that are designed to protect consumers from dangerous products on the market.
These laws give a person who sustains an injury the right get monies from the people who were responsible for designing, manufacturing, marketing, or selling the product deemed to be dangerous. If a product is used reasonably, and yet, injury is caused, there may be a claim that you can file. To determine if you do have a claim, consult one of our Columbus product liability lawyers to discuss your legal options.
What are Examples of Defective Products?
No matter what kind of consumer product you buy, the possibility of defectiveness or the possibility of causing injury can be there. However, we have found that certain products come up quite a bit. With those products, there are several reasons why defects in the design or manufacture of such products make them more dangerous than others.
Our product liability lawyers have helped clients who may have dealt with:
- Defective medical devices and drugs
- Defective toys
- Defective vehicle parts
The list above is not exhaustive. Therefore, please be sure to contact our Columbus product liability lawyers if you have a product, not on the list has hurt.
What are the Various Kinds of Product Defects?
Common product defects our lawyers handle include:
What is an manufacturing defect? It is when an error is made when a product is manufactured, making that product flawed. Therefore, the product causing the injury is different from all of the other products in the same market. Examples of manufacturing defects include:
- A cracked coffee pot that leaks hot liquid
- A batch of cookies that is tainted
- A lamp that has a frayed cord
- A vehicle that is built with substandard parts
What is a design defect? It is when there is a flaw inherent in the way a product was conceived and manufactured. Therefore, when a product has a design defect, all of the products in that line are effective and not just a single product. Examples of design defects can include:
- An SUV model that flips over easily because it’s top-heavy
- The blade of a lawnmower detaches when it spins too quickly
- A laptop shocks its users when the users open it.
Failure to Warn
What is a failure to warn? It is different than defective products. In most cases, a product must have a warning on it if there are dangers that are not obvious to the user or where the user should use extra care when using it. Not having a warning when a warning should be there is a failure to warn. Examples of failure to warn include:
- An adhesive that creates major chemical burns when it comes in contact with human skin
- A medication that doesn’t warn of potentially dangerous interactions with other medications
- Nobs on a stove that become extremely hot when the range hits a particular temperature
Proving Liability in a Defective Product Case
When liability exists for products that are defective in Georgia, that basis is based on strict liability. This means that the plaintiff only has to prove:
- The defendant is the manufacturer of the product
- Once the product left the control of the manufacturer, the product was defective
- The defective condition of the product proximately caused the plaintiff’s injury
A determination of fault is not necessary for this kind of claim like other tort claims. The reason being that for liability cases, the plaintiff must show that a tort happened and that it was the responsibility of the defendant; that’s it.
What Steps Should You Take After an Injury from a Defective Product?
There are various reasons why products can be defective. Sometimes, the design of the product is the problem. In other words, the product was designed negligently and dangerously. Sometimes, problems exist in the way the product was manufactured.
Liability is affected by the cause. However, liability and cause don’t erase the pain you feel inside when you’ve been injured by a defective product. However, it’s crucial after an injury that you remain calm and protect your legal rights.
Never get rid of the product, and, if at all possible, keep the product. It can’t be stressed enough that you retain the possession of the product itself. We have product liability attorneys who can get experts to examine the product, determine if it’s defective, and what the origin of the defect is.
When you meet for your free consultation with our product liability attorneys, beforehand, be sure to gather all the documents you have regarding the acquisition or purchase of the product and bring them with you to the consultation. It’s important that you speak to us as soon as possible after you have an injury. When you do that, it becomes easier for us to look into your injury and make the best case for you possible on your behalf.
In a Georgia Product Liability Case, How Is Fault Determined?
There are two methods to determine fault in a Georgia court:
In a strict liability case, you don’t have to prove the manufacturer or person is at fault. You only need to prove who the manufacturer is, that the product was defective when it left the manufacturer and hit the consumers and that the defective product directly caused your injury.
When we’re dealing with negligence, things can get more complicated. With a negligence case, you must show that the manufacturer or distributor didn’t fulfill the duty to create a product that wouldn’t harm the public.
Do I Have a Product Liability Case?
There are several factors that need to be determined when you are deciding if you’re entitled to compensation for injuries caused by a product. You’ll need to determine if the product is defective when you purchased it; you’ll need to determine if you were using it in a reasonable manner, and you’ll need to determine if the defect caused your injuries.
There are some cases that will require substantial investigation to prove that a defect led to a certain injury. Remember that every case is unique. If you think you’ve been injured due to a dangerous product, always consult an experienced product liability lawyer as soon as possible. At Shrable Law Firm, we have skilled lawyers to take care of defective product claims against many of the biggest companies in the world. Our experienced and professional staff have the resources to thoroughly investigate your claim, giving you the advice you deserve.
How do Defective Products Reach Consumers?
When products are designed or manufactured in a poor manner, it’s no surprise when those products lead to injuries. Keep in mind that not all companies will have your best interests at heart when they release a product to the market. In some cases, large corporations, in order to maximize their profits, will cut corners on materials, designs and safety testing. The makers of these products don’t take the time or spend the money to make sure the products are safe, making them dangerous products sold to consumers. So, when you are injured by a defective product, you deserve compensation.
How much compensations you get depends on a variety of factors. For example, we must determine 1. The extent of your injuries. 2. If those injuries will prevent you from working. 3. The negligence of the parties responsible for the defective product. All of these and more must be determined before we can estimate the value of your claim.
There are product liability claims that involve punitive damages. You may be entitled to these damages if the manufacturer of a product demonstrates willful misconduct, fraud, malice, wantonness, oppression or conscious indifference to the danger created by the product.
What Kind of Damages are Awarded in Product Liability Cases?
It is the courts who decide how much damages to award, and liability laws vary depending on the state. In Georgia courts, the modified comparative negligence rule applies. This rule mandates that the court determine how much both parties were at fault for the incident. If you are determined, by the court, that you were 20 percent at fault for the damage, if you win an award for damages, that award will be reduced by 20 percent.
A specific kind of negligence rule, and the most common approach used, is modified comparative negligence. It is a rule that says that if you’re 50 percent at fault or higher, you cannot receive any compensation. The person or manufacturer that you have filed against must be more than 50 percent responsible for you to have a chance at compensation.
In addition, the damages must be present for claims to be valid in Georgia. You will be unable to file a claim if there was no damage to you or your property. Although some states put limits on how much you can receive in damages, there is no cap in Georgia. However, when it comes to punitive damages, Georgia takes 75 percent awarded in product liability cases.
Can I Recover Damages if I Contributed to the Accident?
For example, if there are instructions on a tool that advises you to wear eye protection while operating the tool, but you don’t wear eye protection, can you still receive compensation for damage to your eyes? Well, if the tool was defective and as a result, shrapnel flew into your eyes, the manufacturers of the tool are responsible. However, your not wearing eye protection, as warned, may be a contributor to the injury you suffered. Therefore, your claim may be reduced in value based on your being comparatively negligent. If it is determined that you are 10 percent responsible for an accident, the value of your claim drops by 10 percent. In summary, even if you are partly at fault for your injury, you may still be entitled to compensation.
If I Prove that the Product is Defective, Who Pays Me the Compensation?
Product liability claims compensation comes from the product manufacturer, the product designer, the wholesaler or the seller. The fact is, most of these parties carry insurance, meaning that such claims are paid by one or more insurance companies. What is the key? It is to determine every party that is negligent to maximize you’re receiving full and fair compensation.
What is the Georgia Statute of Limitations for a Product Liability Case?
You can file claims for product liability damages only within a certain time and that time varies from state to state. In Columbus, Georgia, there are two separate timelines for various types of cases. For personal injury cases, you have two years to file after the date of the injury. For injury to personal property, you have four years to file after the date of the injury.
Give our Columbus Product Liability Attorneys a Call for a Free Consultation
Are you a resident of Columbus, Georgia? Has a defective product hurt you? Our personal injury attorneys in Georgia want to hear from you. Please contact the Shrable Law Firm at (762) 821-0051 today for a free consultation.