People use consumer products throughout their daily lives with the expectation that the products will be safe and effective. However, some products not only fail to serve their intended purposes but also are defective and actively harm consumers. In most cases, the manufacturer of the product knew that the product was dangerous long before the product was sold and before the injury occurred. Dangerous products can cause serious and lasting harm, and the companies that place unsafe products into the stream of commerce should be held accountable for any harm caused by their products. If you were injured while using a defective product, the Gainesville product liability lawyers at Cook Law Group can advise you about your potential claims and assist you in seeking any damages that you may be owed for your harm.Types of Product Defects
Essentially, there are three types of defects that may give rise to product liability claims: defects in the design, manufacturing, or marketing of a product. A design defect occurs when an error in a product’s design renders it unsafe. For example, an automobile that has a roof that easily crushes in during a rollover collision or a gas tank that catches fire because it was not safely designed in a crash constitute a design defect. Meanwhile, a manufacturing defect happens when the design of a product is appropriate, but an error occurs during the manufacturing process that makes the product dangerous. A common example of a manufacturing defect are errors that occur when a product is being made, such as a tire that is not properly cured in the manufacturing process. Such tire defects can cause a loss of control when the tire tread separates.
Lastly, marketing defects arise when a product lacks sufficient warnings regarding the risks associated with the reasonable or expected use of the product. An all-terrain vehicle that does not have clear warnings about the dangers of driving the vehicle on paved roads is an example of a marketing defect. Generally, a product liability attorney in Gainesville or elsewhere will need to present expert testimony to prove that a product was defective and that the defect caused the injured person’s harm.Product Liability Claims in Georgia
Under Georgia law, a manufacturer of a product may be held strictly liable for injuries caused by the product if the product was not merchantable and was not reasonably suited for its intended use at the time when it was sold. In other words, if a product had a defect that made it unsafe for the purpose for which it was purchased, the manufacturer can be held liable for harm caused by the product, regardless of whether the manufacturer acted negligently.
In addition to strict liability claims against the manufacturer of a product, a victim may be able to pursue negligence claims against the manufacturer or seller of the product. A person pursuing a negligence claim faces a greater challenge than a person seeking damages under a theory of strict liability. To recover damages under a theory of negligence, the injured person and a Gainesville product liability attorney must show that the manufacturer or seller had a duty to produce or sell a safe product, but the manufacturer or seller failed to meet that duty. The injured person must also show that the product’s defect caused his or her injuries and that he or she suffered actual damages.
A person who proves that he or she suffered harm due to a defective product may be able to recover the cost of medical treatment for his or her injuries, compensation for lost wages, and damages for the pain and suffering that he or she endured due to the injuries caused by the product. A person injured by a defective product must generally pursue a claim within two years of the date of the injury. Our lawyers have handled numerous defective product cases such involving defective roofs on vehicle that collapse during a rollover collision; defective gas tanks that catch fire in wrecks and burn the occupants; weak seat-backs in vehicles that can collapse in wrecks; tires that lose their tread and cause a loss of vehicle control; broken springs in mattresses that cause puncture wounds; defective under-ride guards on tractor-trailers that allow vehicles to under-ride the trailer; and cases involving defective and rollover prone ATVs.
Product liability cases require a high degree of skill, experience and resources to pursue. Our firm often engages in dynamic crash testing, computer modeling of alternative designs and destructive testing if necessary to prove the claims at issue. Manufacturers aggressively defend these cases and you will need lawyers who are well versed in this area of law to win.Contact a Knowledgeable Product Liability Lawyer in Gainesville
Product malfunctions often cause accidents that lead to significant injuries. If you sustained harm because of a defective product, you should speak to an attorney to discuss the steps that you can take to protect your rights. First and foremost, the defective product should be secured and not lost. At Cook Law Group, we represent people in cities such as Gainesville, Albany, Columbus, Savannah, Macon, Augusta, Athens, and Valdosta. You can reach us through our form online or at 678-928-3899 to schedule a consultation.