Defining Product Liability Case by Personal Injury Lawyers
A law suit against the manufacturer or seller of a defective product is known as a product liability case. There are several general types of product liability cases.
In a strict product liability action, a manufacturer that sells a defective product may be held liable to a buyer or anyone who is injured while using the product. In such cases, the injured person may not need to prove that the manufacturer was negligent, but only that the product was defective. A strict liability action can be brought against the party that designed, manufactured, sold, or furnished the product in Atlanta or anywhere in Georgia. An experienced product liability attorney can help.
An injured person may also bring a product liability claim based on the theory that the product was negligently designed or manufactured. Examples of such claims include a missing piece to a drill press or faulty wiring in an electrical appliance.
Another type of liability deals with the failure to adequately warn consumers of the dangers posed by a product. These cases involve products that are sold with inadequate warnings (or no warnings at all) that fail to advise consumers of the hidden or unknown risks associated with using the product. Manufacturers have a legal obligation to inform the users of their products about any hazards that cannot be avoided without changing the product’s design in a way that would make it difficult or impossible for it to perform its intended use. The attorneys at Slappey & Sadd have the experience to help make that determination.
What are Examples of Design Defects Causing Injury?
Design defects, which can range from defective harness systems in child car seats to hair dryers that can dangerously overheat, cause million of injuries each year. Design defects occur during a product’s initial planning phase before it is actually manufactured. Oftentimes, manufacturers learn about defects in the design of their products after they have already been distributed for sale, leading them to launch a recall. The problem with recalls, however, is that (1) they often occur too late and (2) product owners may never hear about the recall.
How Can I Determine if the Injury Was Caused by Defective Manufacturing?
Manufacturing flaws result from mistakes or problems that take place during the actual production and manufacturing process. Those problems or mistakes may only affect a few of the products that were manufactured, while the rest may work properly and safely. One example of a manufacturing defect is a rolling office chair whose wheel disengages, causing the person in the chair to fall and injure her back. Like products with design defects, products with manufacturing defects are frequently recalled, albeit sometimes too late to prevent members of the public from being injured. If you have suffered a serious injury as a result of defective manufacturing, let our Atlanta lawyers review your case.
How Can I Determine if Inadequate Testing of Products Caused My Injury?
When it comes to safety crash testing, inadequate testing is all too common. Most corporations test crashworthiness, seatbelt effectiveness, and other considerations at only 40 miles per hour and only in front-end crashes, rendering the tests inconclusive and often meaningless. Yet, these standards have yet to be revised. Other examples include faulty electrical wiring and inefficient child restraint systems. A lawyer with experience in testing procedures will need to review your case.
What Constitutes Marketing Misrepresentation?
Marketing defects include improper product labeling, insufficient instructions, or the failure to warn consumers of a product’s hidden dangers. A manufacturer’s negligent or intentional misrepresentation about its product may also give rise to a product liability claim.
These are just some of the situations that can lead to a product liability case. Often, a product liability claim can be brought along with other types of claims, such as a medical malpractice or personal injury claim. Your lawyer should explore every option available when you are injured.
Please contact the Law Offices of Slappey & Sadd, LLC at 404-255-6677 or toll free at 888-474-9616 to set up your initial free consultation.