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When we purchase things, we assume that they will provide the usefulness we expect, and we certainly don’t assume that the product will cause us harm. But certain dangerous products cause injuries and even deaths all the time.
Defective products are items or goods that do not meet ordinary safety or quality expectations. Defects can occur in various forms, making the product dangerous to use as intended.
Additionally, as if the potential for unexpected harm wasn’t enough, these products can also come with a significant financial burden in the form of medical bills, lost wages, and other expenses — but this is where a defective products lawyer comes in. At the CEO Lawyer Personal Injury Law Firm, we can help you and your family hold the responsible party accountable for their product’s flaws, seeking to recoup 100% of the damages you’ve incurred.
Call 833-254-2923 or contact us online to schedule your first free, confidential, no-obligation case review today. You’ll be able to speak to an experienced defective product lawyer in Smyrna who can help you take the steps you need to seek compensation from all at-fault companies.
When to Reach Out to a Smyrna Defective Product Attorney
While the Consumer Product Safety Commission does its best to protect individuals from dangerous products, new reports have found that the CPSC lacks the budget to fully protect Americans from defective products. Similarly, without the original manufacturer’s consent, it lacks the authority to release an immediate warning (or issue a recall).
Additionally, when they manage to recall a product, it can be difficult to spread the news, and unless money is spent on widespread messaging across television or social media, the warnings can often go unnoticed.
In other words, dangerous products are constantly out on the market. Sometimes, this results from an incomplete recall, but many dangerous and deadly products can avoid a recall for years.
As a result, many consumers might not even realize that they’re using a dangerous product until they come into harm’s way. Below, we have listed some of the most common forms of defective product claims.
Severe Injuries from a Faulty Medical Device
Medical devices can cause severe harm, and their removal leads to further costs and possible medical complications. In a situation where you’ve sustained a severe injury from a defective medical device like a faulty hip implant or a malfunctioning pacemaker, you need to reach out to an attorney as soon as possible.
These kinds of cases can carry complicated medical and legal issues, so you’ll want to ensure you’re working with an expert who can parse out any confusing jargon you encounter.
Harmful Medications or Pharmaceuticals
If you’ve experienced adverse side effects, health complications, or injuries after using a prescription drug with undisclosed risks (or manufacturing defects), discontinue the medication immediately and refer to your doctor for guidance. If the adverse event resulted from a dangerous medication, you will want to contact a lawyer immediately.
Defective pharmaceutical cases can be intricate and often require an attorney with experience handling mass torts and pharmaceutical product liability claims.
Auto Accidents Caused by Defective Car Parts
When a vehicle defect contributes to a car accident or causes an injury to become worse than it would have been otherwise, an attorney can help you seek damages from all at-fault parties, including the appropriate manufacturer. These claims are commonly filed in situations like the following:
- A vehicle or part malfunction caused someone to hit you, or it contributed to the accident’s circumstances in some way
- A part malfunction in your own vehicle caused an accident to happen
- A defect in your vehicle or the vehicle(s) that hit you caused an injury to happen when it would not have otherwise, or it caused an injury to become worse than it would have otherwise
Foodborne Illnesses from Contaminated Products
After coming into contact with contaminated food products, it’s not uncommon to fall ill, but few realize that this contamination may also be a sign of a product defect. A defective product attorney will be your ally in this situation and can help you determine whether the harm you experienced resulted from inadequate labeling, processing quality control, or some other root cause.
Major Property Damage or Injury From a Defective Home Appliance
Household appliances can quickly cause serious damage to your home. They can also inflict injuries, such as a water heater regulator that fails or a kitchen appliance that catches the home on fire.
An experienced attorney can help you establish a clear link between the product’s original defect and the damages you have experienced, giving you the funds to treat your injuries, repair your home, and be financially whole again. In all of these examples, the complexity of the individual defective product claim will demand the expertise of an experienced Smyrna defective product attorney.
The Different Types of Product Defects
In addition to understanding that there are a wide range of different situations that can result from a defective product, it’s important to understand that product defects can also typically be sorted out into three main types of defects:
- Manufacturing defects
- Design defects
- Inadequate warning and labeling, also known as a “failure to warn” or sometimes a “marketing defect.”
Manufacturing Defects
Manufacturing defects occur when a product deviates from its original, intended design due to a production error. As a result, this type of defect typically affects a specific batch or group of products, although it may affect a large number of units from several production runs.
Common examples of manufacturing defects include a baby formula that was contaminated during the packaging process or when a simple case of faulty electrical wiring installation in a home appliance has rendered it unreliable or unsafe.
Design Defects
On the other hand, design defects will involve flaws or hazards inherent to the product’s design, so the entire product line will be affected. These defects make the product unreasonably dangerous, even when it’s manufactured correctly.
For example, a car model with an unstable design and is thus prone to roll over or a children’s toy built with several small parts that pose choking hazards will both be considered forms of flawed and dangerous designs.
Inadequate Warning and Labeling
Inadequate warnings and labeling defects occur when a product does not include sufficient instructions or warnings about its potential risks or proper usage. These defects can make an otherwise safe product dangerous simply by leaving consumers inadequately informed.
It can also mislead the public into not fully understanding the inherent risks of using the product, such as a pesticide that can easily be absorbed through the skin. Likewise, this category will typically encompass products like prescription medications without proper warnings about their side effects or household chemicals that fail to provide clear usage instructions.
Recognizing the ‘type’ of a defective product you’ve encountered is the first step towards seeking compensation for any harm or financial losses you’ve experienced. Remember that the legal approach (and strategies required) will vary based on the type of defect, so it’s always advisable to consult an attorney before attempting to file a claim on your own.
The Legal Basis for Seeking Compensation
When it comes time to seek compensation for your injuries or losses, some specific legal principles and regulations will provide a foundation for your claim.
For example, in Georgia, product liability laws will offer an initial framework for holding manufacturers responsible. The Georgia Products Liability Act (O.C.G.A. § 51-1-11) is a fundamental part of these laws and outlines the responsibilities of manufacturers, distributors, and sellers to ensure the safety of their products.
It also establishes the basic principles of negligence, strict liability, and breach of warranty as grounds for seeking compensation. On top of that, there are several other key Georgia laws and regulations your attorney can use to your advantage.
Let’s break these out below:
- Strict Liability for Manufacturers (O.C.G.A. § 51-1-11.1): This statute establishes strict liability for manufacturers, which means that they can be held responsible for defective products regardless of fault. Consequently, it simplifies the burden of ‘proof’ for the injured party in a defective product claim by not forcing them to prove negligence or wrongdoing.
- Implied Warranty of Merchantability (O.C.G.A. § 11-2-314): This regulation essentially implies a ‘warranty’ (or guarantee) that a product is fit for its intended purpose. So, if a product fails to meet this standard, the manufacturer (or seller) may be liable for any resulting harm or damages.
- Implied Warranty of Fitness for a Particular Purpose (O.C.G.A. § 11-2-315): Similarly, this statute implies that in addition to being considered suitable for its specific purpose, the product is also guaranteed to have been sold for that purpose.
Contact a Defective Product Law Firm Today
If you’ve recently developed an injury or a medical condition resulting from using a dangerous product, make sure to contact our offices today. Remember that Georgia maintains a strict statute of limitations on defective product claims, so filing your claim as soon as possible is important.
New clients can call 833-254-2923 or contact us online to speak with a team member. We’ll be happy to schedule a free, confidential, no-obligation case review, where we can review your situation’s details to determine the best path forward.