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Most of us don’t anticipate that a product will harm us when we make a purchase. Accidents are often caused by human error or random chance, so dismissing the possibility of a defective item causing injury is easy.
In fact, many people don’t even consider a defective product when trying to determine how they were hurt.
At the same time, we often meet clients who struggle to explain how their injuries happened; they may be certain they weren’t at fault but cannot explain what occurred. Commonly, they tell us that the item in question didn’t respond the way it usually does or something unexpected happened (such as the product catching on fire).
These situations frequently indicate a defective product.
Most manufacturers have legal departments that actively work to avoid paying out defective product claims. Their efforts often focus on preventing injuries by providing clear instructions for product use or warnings about potentially dangerous situations.
However, because the manufacturer works so hard to improve product safety, proving a defective product harmed you when one slips through quality control can be challenging. The company’s lawyers will likely argue that either the product didn’t cause your injuries or you misused the product or ignored the instructions.
These situations can be very frustrating, but an experienced defective product lawyer can help by investigating your accident, compiling evidence in your favor, and developing a strategy to prove the elements of a negligence claim.
Like many states, Georgia has strict liability laws for manufacturers. In most personal injury cases, it is necessary to prove the defendant (the party you’re suing) was negligent in some way.
Under strict liability, that is not necessary for defective product claims, but you will still have to prove the following:
Defective product claims are divided into three broad categories depending on the type of defect:
These cases involve defects that stem from an inherent flaw in the design.
Typically, all the products of a particular model will have this flaw, although not every item will harm the user. Sometimes, the item is only dangerous in specific circumstances, while others may spontaneously malfunction at any time.
One example of a design defect is the case of Zantac (or the generic ranitidine). On the market since 1983, this heartburn medication was pulled from the market in 2020 after the carcinogen NDMA was found in multiple samples of the drug.
In cases like these, the problem is sometimes limited to certain batches of medications that were contaminated with a specific harmful element. However, in the case of ranitidine, NDMA was consistently found across different batches of the product.
After further study, researchers determined that the ranitidine molecule itself is unstable, eventually degrading into NDMA over time. All ranitidine products will ultimately contain NDMA, although older products or those exposed to heat will have higher levels because more of the ranitidine has degraded.
This is an inherent flaw in the drug’s design because exposure to NDMA is considered a probable human carcinogen. Since the drug was pulled, numerous patients who took ranitidine and later developed cancer have filed lawsuits against the drug manufacturer.
These defects are not caused by a design flaw but by a problem in the manufacturing process. In most cases, the issue is limited to specific batches or lots, although sometimes, these groups may contain many individual products.
Once the defective lots have been identified, either the manufacturer or a government regulatory body like the Food and Drug Administration will usually recall them. However, this may take a long time.
If you are among the first people to be hurt by a defective item in one of these lots, it could be months or even years before you know what happened. Unfortunately, there have been cases where a manufacturer identified a problem, then covered it up and continued selling the product. Or the problem was not identified for an extended period of time.
Georgia’s statute of limitations on defective product claims is two years from when you learned or should have known that a defective product injured you. If you only recently discovered or suspected that a defective item may have caused an earlier injury, we urge you to contact a defective product lawyer immediately to learn more about your options.
Many products that are not necessarily defective can still be dangerous in some circumstances or if used in specific ways. As long as the manufacturer provides an adequate warning to the consumer and the product is not unreasonably dangerous, these risks are generally easy to manage.
Under Georgia law, manufacturers are not required to imagine and warn consumers about every possible use scenario. Instead, warnings should be based on anticipation of how a reasonable person might use a product.
However, in an effort to avoid liability, product manufacturers often err on the side of assuming people are not very reasonable. If you’ve ever read a warning label that seemed obvious or unnecessary, that’s probably why.
Yet there are also situations in which the manufacturer fails to warn about risks because they aren’t yet known, or the manufacturer believes they are not significant. Sometimes, the company becomes aware of the risk late, after hundreds of people have been injured and filed complaints.
Medications and medical devices often fall into this category—drugs may be tested on a small number of very healthy subjects, and as a result, some potential risks might not show up until the medication is used on a more typical and varied population.
This can also happen with consumer goods like household products or appliances that may only have been tested in laboratory conditions. The item appears safe and is put on the market, but as people use it in different conditions at home, they may encounter situations that make the product dangerous.
For example, millions of Takata airbags were recalled after reports showed many of the safety devices had exploded, causing severe injury and even death. Researchers later determined that long-term high heat or humidity exposure triggered the explosions.
If you can do so safely, we recommend preserving the product in its present condition. We may need to consult an expert to examine it and search for flaws.
If the situation warrants an official report, such as a police accident report, obtaining a copy is a good idea. The law enforcement organization that produced the report should be able to advise you on how to acquire one.
Sometimes, you can get records online, but in other cases, you may need to visit the local police department, or they might send you a copy in the mail. If there happens to be a photo or video of your accident, save a copy so we can review it.
Get treatment for your injuries right away, even if they seem mild. In many cases, people don’t realize they’re hurt at first because the adrenaline rush associated with an accident reduces their pain, or their injuries feel worse after a few hours or days.
Seeing a healthcare provider will give you a record of your injuries that you can refer to later if you need additional treatment or to show proof of your injuries.
This is the final step to preserving your right to seek compensation. Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation.
We’ll review your case, answer your questions, and explain the options for recovering your damages. There is no obligation, and if we take your case, we won’t charge you any fees until we win or settle it.
We never want people to go without legal help because of upfront costs.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm just a few short years ago and has since turned it into one of the fastest-growing law firms in the country. Dedicated to helping injured people and their families, he and his team have recovered millions of dollars in client compensation.
When he’s not working on a case, Mr. Awad offers free legal advice to more than a million followers on social media. Work with the CEO Lawyer today by calling 833-254-2923.
Tell Us More About Your Injury Below So That We Can Get You The Most Money
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.