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Nobody plans on buying a product only to discover that it is flawed in some way. But what if the product has harmed you or a loved one? How do you continue, and who is responsible for the damage’s costs? If you intend to bring any product liability action, someone must be found legally responsible. Given that so many organizations and people work together to produce and distribute the majority of the goods that enter our lives, this may be the most challenging step.
Have you or a loved one been injured by a defective product? Contact Ali Awad, ‘the CEO Lawyer,’ and his team of experienced personal injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.
Let’s define a product liability lawsuit and discuss how to bring a claim against a firm for a faulty product.
Product Liability: What Is It?
The US has product liability laws to help shield customers from the thousands of injuries brought on by risky items each year. These laws aid people in recovering damages and assist in identifying those responsible for producing defective goods.
A product liability case happens when the plaintiff holds a manufacturer or seller accountable for releasing a harmful or defective product onto the market for consumer purchase.
According to US statistical data, there has recently been an increase in product liability claims:
- There were 56,041 cases filed in 2020.
- There was a 29% increase in claims filed from 2018.
- The multi-district litigation (MDL) filings, which reached a record high of 5,267 cases, are following the same pattern. The majority of these cases are filed against pharmaceutical and medical industry companies.
Which Defective Product Types Have Been the Subject of Lawsuits?
Despite the fact that there are defective items in every business, some of the cases involving defective products that are brought to the US include:
- Automobile flaws in the form of faulty brakes, steering systems, and airbags can result in car accidents or fail to adequately protect passengers in the case of a collision.
- Defects in drugs or medical equipment from implants or medications can result in harm, prolonged sickness, or even death.
- Children who use toys, strollers, cribs, or car seats that are defective run the risk of falling, choking, suffocating, or not being protected in an accident.
- Hazardous building supplies that include asbestos, which can result in significant lung conditions.
- Products for vaping have been linked to misleading advertising and have been proved to be unhealthy.
- Owners of malfunctioning home appliances run the risk of fires, explosions, or carbon monoxide poisoning.
The consumer may be entitled to bring a personal injury lawsuit against the product’s maker, distributor, or seller if it injures them. Major setbacks in a victim’s life can result from injuries, which can also have long-term impacts on the victim’s quality of life. Medical expenses, rehab fees, lost wages, diminished future earnings, pain, and suffering, and wrongful death are all damages that may be covered by insurance.
What Type of Product Is Considered Defective?
Any product that falls short of a customer’s realistic expectations is considered faulty. For instance, a buyer would reasonably anticipate shoelaces to be a safe and useful product if they bought them for their shoes and utilized them appropriately for this purpose. However, this would go against the reasonable expectations of the product if these shoelaces turned out to be highly combustible and ignited the shoes.
Products that violate warranties or demonstrate manufacturer negligence may also be eligible for a defective product claim. For instance, toys that are choking hazards or smaller than a child’s windpipe may be considered negligent.
The following are the main reasons for product liability:
- Design Flaws – An injury-causing fault in the product’s design. For instance, making a toy tiny enough for a youngster to suffocate on or inventing a seatbelt that suffocates the victim when they are hit.
- Manufacturing Flaws – These flaws appear as the product is being made and may cause it to diverge from the design. For instance, a piece of a toy can pop off and ruin the item. Additionally, any item with broken pieces can cause harm and instability.
- Failure to Warn – If a product has the potential to be harmful, use instructions must be included. A customer may file a lawsuit if there is no warning and they are hurt as a result. For instance, if a prescription drug makes you sleepy, but the bottle doesn’t say so. or a device that, if used improperly, can electrocute you.
Who Can I Sue for a Defective Product?
For a faulty product, several parties may be held liable. These include the businesses in charge of making the product. Generally speaking, you should name all parties engaged in the product’s creation in your lawsuit. An attorney with knowledge of product liability law can assist you in making the required cuts and gathering proof to establish liability definitively.
Here are some people you might be able to file a lawsuit against.
Manufacturer
Usually, the first business to deal with a product is the manufacturer. After that, they consist of the product’s creators and producers. If these are distinct things, you should include both.
If the product has a design or manufacturing flaw that caused your harm, you must file a lawsuit against the manufacturer. The marketing department may write safety guidelines for manufacturers. If so, you may also include them.
Distributor
A business that acts as a liaison between suppliers and retailers is known as a distributor. They frequently handle shipment between sites and are counted on to adhere to regional product liability rules, such as the minimum toy size for children’s safety and the labeling standards for apparel.
Retailer
The organization that sells the merchandise is the retailer. You won’t file a lawsuit against every merchant selling the item; only the one you bought will be the target. However, if they intentionally sold you a defective product or provided you with inaccurate information at the time of purchase, they may be liable for your damage.
When Corporate or Foreign Entities Are the Potential Defendants
Even if a business has changed hands, names, or forms, you can still file a lawsuit against it if it made, designed, or sold defective goods. Any corporation that inherits culpability for a predecessor’s bad product may be designated as a defendant. Foreign businesses that took part in the distribution of faulty items are subject to legal action. These businesses are governed by the laws of the locations in which they operate. It can be difficult to locate every company engaged in the chain of distribution for a faulty product. Any number of parties could be linked in some way to the product flaw and held accountable for your injuries. Therefore, it’s a good idea to consult with an accomplished attorney before bringing a product liability claim. In order to help you get compensation for all of your damages, an attorney will investigate as many businesses as they can to designate as defendants in your case. You should retain a local attorney for your claim because product liability laws differ from state to state.
A Product Liability Claim’s Components
In cases involving product liability, you must establish the following elements:
You Experienced Damage or Loss
Only if you can demonstrate that you were hurt or endured any sort of injury can you successfully bring a lawsuit against a firm. If the victim did not experience any harm or loss due to owning or using dangerous or faulty goods, they are not eligible to file a claim. For instance, regardless of how long you have used the product, you cannot sue Monsanto for the health problems brought on by the glyphosate in Roundup weed killer if you have not experienced any Roundup-related health problems.
The Good Had a Problem
You must demonstrate that the item, its packaging, or its instructions were flawed or lacked the necessary warnings.
Your Injury Was Directly Caused by the Flaw
The damage or injury in question must be directly related to the product’s flaw. You can demonstrate how a design flaw caused a cooking appliance or gardening tool to fall apart and injure someone, for instance.
You Were Correctly Utilizing the Product
You must demonstrate that the product was being utilized as intended at the time of the accident. If you were using the product improperly when it hurt you or made you ill, your claim would not be admissible.
It is crucial to have a product liability attorney on your side because proving these factors isn’t always simple. To establish that a defective product was to blame for your injuries, defective product cases frequently require the expertise of a technical expert.
Defective Product Lawsuit
In a product liability case, you must establish your claim. To understand how their carelessness hurt you, you have to show that their product caused your injuries. Your medical history will be necessary to support your claim. Last but not least, your attorney will pursue financial compensation for your injuries to prevent you from footing the bill for someone else’s carelessness.
What Damages Can Be Reclaimed When Filing a Lawsuit Against a Company Because of a Defective Product?
If found guilty, the maker or seller of the flawed goods may be forced to compensate the plaintiff for damages. As long as the damages are reasonable in light of the injuries, there is no cap on the amount that can be awarded to the plaintiff in Georgia. However, it is crucial for a customer who has been hurt by a faulty product to be aware of the deadline for filing a lawsuit for damages. Within two years of the injury’s date, the plaintiff must initiate a personal injury case. If a defective product caused your injury, you may be entitled to compensation for your pain and suffering, medical expenses, and lost wages. Our knowledgeable staff will efficiently navigate the legal system on your behalf and assist you in obtaining the justice you are entitled to.
Defective Product Lawyer in Atlanta
Finding out if you can file a lawsuit against a corporation for a faulty product is only the start. In product liability lawsuits, taking on powerful corporations can be extremely scary. In addition, it can be challenging to demonstrate that they were irresponsible or that their goods caused your injuries if you don’t have any technical specialists on your side. A product liability attorney can answer any challenging inquiries you may have.
Call Ali Awad, ‘the CEO Lawyer,’ and his experienced team of product liability attorneys today to receive a free, no-obligation consultation. We can assist you with exploring your legal options and avenues to ensure that you receive the compensation you deserve. Contact the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online. If we take your case, you won’t pay anything until we win.