When a company produces a product with the goal of selling it for profit, it has an obligation to ensure the product is safe for consumers. If a specific product carries certain inherent risks, it is also the responsibility of a company to warn consumers of all reasonable, potential dangers. Unfortunately, every year, hundreds of thousands of innocent people are injured by defective products.
The experienced product liability attorneys at the Law Offices of Humberto Izquierdo, Jr., PC are committed to helping those who have been harmed by defective products. If you live in the Atlanta or Marietta areas of Georgia and would like to discuss your case with a qualified attorney, please call us today at 770-888-8901 to schedule a free consultation.
What Is Product Liability?
Product liability is the area of law that governs cases dealing with injuries that are directly caused by a defective product. Under product liability law, all parties involved in the manufacturing, production or sale of a product have an obligation to ensure that the product functions safely as designed. There are several parties who may potentially be held liable if you are injured by a defective product.
Proving liability in these cases is extremely complex, but essentially, your claim must demonstrate four key elements:
- You were harmed by using the product
- The product is defective
- Your injuries were directly caused by the defective product
- When you sustained your injuries, you were using the product as directed
Types of Product Defects
A product liability claim involves several factors, including the establishment of the manner in which a product was designed and assembled, who manufactured the product and how the product was marketed to consumers. Once you have demonstrated that your illness, injury or other damage was caused directly by the defective product, you must prove the cause of the defect, which is usually:
- Design defects: Your case must establish that the product was unreasonably dangerous due to a flaw in the product’s design. You do not need to prove that the manufacturer knew about the flawed design, only that they should have known.
- Manufacturer defects: Manufacturers are obligated to sell products that are safe. In order to establish a manufacturer defect, you must prove that the manufacturer knew or should have known about the product’s flaws.
- Failure to warn: Marketing defects refer to instances that involve the improper labeling of products, insufficient instructions, failure to warn consumers about a potential danger or negligent misrepresentation of a product’s uses and safety.
Who Can Be Held Liable in Product Liability Lawsuits?
Determining accountability in a products liability lawsuit is complicated and requires the skill and knowledge of an experienced attorney. Several parties are involved in the process of delivering a typical product into the hands of consumers, including:
- Product designers
- Product manufacturers
- Component part manufacturers
- Assembly companies
- Installation companies
- Distributors
- Marketers
- Wholesalers
- Retailers
In order for strict liability to apply, your case must prove that the product was sold in the regular course of a supplier’s business. Simply put, it is unlikely that someone who sold a product at a garage sale would be held liable in a products liability lawsuit.
Examples of Defective Products
Defective products can involve an enormous range of goods sold to consumers. Some of the most common examples of these products include defective:
- Children’s products
- Household items
- Power tools
- Heavy machinery
- Airbags and automotive parts
- Vehicles
- Medication and medical devices
What Damages Can Be Sought in a Defective Product Liability Claim?
Damages in a product liability lawsuit may include but are not limited to:
- Medical costs
- Current and future lost wages
- Disability
- Pain and suffering
- Loss of quality of life
Discuss Your Case for Free
If you’ve been injured by a dangerous or defective product in the Atlanta or Marietta areas of Georgia, please contact the experienced product liability lawyers at the Law Offices of Humberto Izquierdo, Jr., PC today online or at 770-888-8901 to discuss your case for free. We work on a contingency-fee basis, which means you pay nothing up front, and owe us nothing unless we win your case.
