Residents of Acworth frequently invest in products to improve their quality of life. But even after reading product reviews and completing research, it is possible to buy a product that is inherently defective and, when used, utterly dangerous.
Consumers purchase new products to make their lives easier and more convenient, not to cause a disastrous accident and a trip to the ER. In addition, victims will need to purchase medication, take time off work, and deal with an influx of medical bills, all to cope with the injuries that should never have happened in the first place.
The legal team of the CEO Lawyer Personal Injury Law Firm will help you navigate the claims process and help fight for the compensation your case deserves. Get started today by calling (470) 828-4288 or contact us online. When you need us, we are here to help you.
How an Acworth Defective Product Attorney Helps
Consumers trust manufacturers to take the necessary steps to ensure their products are safe for public use. However, manufacturers make mistakes and, in some cases, do not complete the proper steps to make a product safe for consumers.
It is no surprise that using defective products increases the risk of injury and accidents. Victims may endure broken bones, lacerations, burns, and more as a result of using a product that was not intended to malfunction in the first place.
A personal injury lawyer in Acworth can help victims who suffer injuries resulting from defective products, which often lead to weeks, even months, of recovery, involving a series of appointments, surgeries, and lifestyle adjustments to their body’s new limits.
Handling all these new responsibilities and negotiating your own settlement will quickly become overwhelming. While there is no legal requirement to work with a defective product attorney, handling claims, negotiations, and possible court cases can be too much for someone who does not have experience or knowledge of defective product cases.
The legal team at CEO Lawyer Personal Injury Law firm understands what it takes to develop a successful claim and does not falter when facing pressure from the negligent party. In fact, with our many years of experience, we know what to say and do when approached with these challenges.
Our team will review and analyze evidence like:
- Medical documents
- Medical bills
- Insurance policies
With the collected evidence, they will build a solid case with a total compensation amount that will be presented to the negligent party. Manufacturing companies are usually well prepared with a legal team, who notoriously use pressuring tactics for consumers to settle for less or nothing at all.
Receiving a lowball settlement offer—or none at all—is expected for legal cases of this nature, but an experienced attorney understands this and is ready to provide the evidence justifying the amount.
Filing Your Claim
It is impossible to file a successful defective product claim or lawsuit in Acworth without the ability to prove that the product in question caused the injury. The first step when working with your defective product attorney is to gather and review evidence.
Your attorney will look for details that confirm that the defective product is the singular cause of your injuries. They will work towards establishing the following:
- An injury occurred
- The injury resulted from a product defect
- The product was unreasonably dangerous, or the manufacturer was aware of the defect, indicating negligence
- The product was being used as intended at the time of the accident
Three Types of Defects
Defects in products typically fall into one of these three categories:
- Manufacturing Defects — These defects occur during the product assembly process, resulting in a product that does not match the intended quality. An example of manufacturing defects is using a nail instead of a screw to secure one part of a product to another, causing a compromise in its integrity.
- Design Defects — Design defects come from flaws in the product’s design, making the product dangerous or unsafe. An example of a design defect is not putting a protective plate for the operator’s hand on a tool, causing exposure to unnecessary heat or blades.
- Failure to Warn — Failure to warn of defects occurs when manufacturers do not provide adequate warnings or instructions regarding potential dangers associated with the product’s use. An example of failure to warn was not labeling a to-go cup with the appropriate “hot” warning when the beverage is hotter and more capable of causing burns than the consumer would reasonably expect.
Manufacturers’ Responsibility to Warn Users
Manufacturers are legally responsible for providing clear warnings to consumers if their product presents any potential danger. Warnings are printed on product labels and packaging with clear instructions of what parts of the product to remain clear.
These warnings should be appropriate and clearly visible to consumers to ensure they are aware of potential risks.
Many manufacturers put these labels in multiple places, including the packaging, backside, attached to the cable (if there is one), and in the manual.
Types of Product Liability Cases We See in Acworth
In defective products, there are three types of product liability claims that can be made against a manufacturer with distinct characteristics. Each defective product case is filed under one of the following three categories.
General Negligence
In a general negligence case, the victim and their attorney must prove that carelessness occurred in the product’s design or manufacturing. Legal teams must review product design plans, gather testimony from expert witnesses, examine inspection reports, and study product testing reports.
Strict Liability
Unlike other forms of negligence, strict liability holds a company liable even if it did not act negligently, per se. Instead, the injured user only needs to demonstrate that the product created an unacceptable risk in its current state.
Strict liability is one of the most common product liability cases, and such claims may be filed in Georgia’s court system.
Breach of Warranty
A breach of warranty is like a breach of contract. When a consumer purchases a product, there is an expectation that the product will work as intended.
If the product fails to operate as intended, the consumer may file a claim of breach of warranty as the manufacturer did not fulfill the end of the bargain.
What Defective Products Commonly Cause Injuries?
Defective products are more common than one might think; manufacturers are responsible for producing products that are safe before introducing them to the market. However, it takes one ignored step, report, or complaint from an internal worker to create a product that endangers the consumer’s safety and potentially has fatal results.
Since 2020, there has been a notable increase in injuries related to defective products. According to the Consumer Product Safety Commission (CPSC), between 2021 and 2022, injuries stemming from defective products increased by an astounding 7.8%.
The top contributors to product-related injuries include:
- Beds and bedding
- Chairs, sofas, and sofa beds
- Chests and dressers
- Soaps and detergents
- Television stands
- Stoves, ovens, and similar appliances
- ATVs
- Children’s toys with lead or other contaminants
- Contaminated foodstuffs and other consumer packaged goods
While there is no single universal cause for these injuries, the outcomes are consistent: people sustain severe injuries and, in the most catastrophic cases, lose their lives due to injury from these defects.
The Most Vulnerable Age Groups
The most vulnerable populations susceptible to injuries resulting from defective products are children and the elderly since their bodies are fragile and carry limited strength. They are more prone to injuries from TVs, furniture, cleaning products, and appliances.
Common Injuries From Acworth Defective Products Accidents
Despite precautions, users of defective products may experience unexpected accidents. Injuries sustained due to defective products can present challenges to recovery and may include cuts, burns, and broken bones.
These injuries often require extended recovery periods and adjustments to one’s quality of life. In some cases, injuries from defective products can be permanent and may result in scarring, limited mobility, and deformities.
Broken Bones
The sudden failure of a product can lead to broken bones, which are both painful and slow to heal. In severe cases, surgery may be necessary, involving the use of screws, plates, rods, and other medical devices for proper healing.
Burns
Products with faulty wiring, such as appliances, electronics, and cars, can lead to fires and, subsequently, burns. Burns are extremely painful and risk infection, disfigurement, and other medical complications.
Burn scars can last for years, if not a lifetime.
Head Injuries
Defective products that result in falls, car accidents, and blows to the head can result in traumatic brain injuries (TBIs). TBIs cause hematomas, contusions, skull fractures, and a range of physical, cognitive, and perception symptoms.
Some symptoms may not become visible until days or weeks after the accident, requiring a medical evaluation for a proper diagnosis.
Organ Damage
Certain medications intended to improve health can sometimes lead to organ damage when their dangerous side effects are not listed on the bottle. Although the FDA works hard to screen these medications, mistakes happen, and a drug that should never have hit the shelves is in the hands of many victims.
Patients who have been taking defective drugs may face organ damage in their kidneys, liver, brain, or heart.
Find Help From an Experienced Acworth Defective Product Law Firm
Across the US, consumers trust that the products they purchase will improve their lives. But when these products fail to work as they were intended and hurt someone, it opens the door to a personal injury claim.
You might have a claim if you were hurt because of a manufacturer’s negligence. By understanding the types of product defects, the role of defective product attorneys, and the common injuries associated with these cases, consumers can make informed decisions when presented with a defective product that caused them harm.
Reach out to our team in Acworth today when you call (470) 828-4288 or contact us online to schedule your initial consultation. Our team is ready to help you get to the bottom of your case and fight on your behalf for the settlement you need to recover fully from your injury.
