Georgia Product Liability Lawyer

Types of defective product liability claims

Many factors can make a product harmful or faulty, but the following three categories account for the majority of product liability claims:

• Inaccurate production: Products that are defectively created have some flaw or mistake that happened during the manufacturing process. Stated differently, the defective product differs from the original design intended by the maker. Regarded as one of the biggest airbag recalls in history, the Takata airbag recall is among the most well-known instances of poor manufacturing. Due to a malfunctioning propellant canister, the faulty airbags—which were connected to 150 injuries and 11 fatalities—exploded upon impact.

• Inadequate design: When utilized as intended, defectively constructed products are intrinsically dangerous. Manufacturing defects are different from design defects in that a single product in a line is not the only dangerous or defective item; rather, the entire line of products is flawed or dangerous. For instance, manufacturers of medical devices that implant transvaginal mesh have been hit with a number of lawsuits alleging that the mesh, which was meant to assist treat prolapse and incontinence, caused some patients to experience severe pains and vaginal scars.

• Not issuing a warning: Under product liability law, a manufacturer, supplier, or other business may be held accountable if it does not give sufficient instructions or warnings on how to utilize its product. The talcum powder cancer lawsuits are a current example of this kind of claim; in these cases, the pharmaceutical corporation Johnson & Johnson was aware that their talcum powder contained asbestos, a potentially harmful substance, but chose not to alert consumers to this risk.

Suing Big Pharma: Defective medical devices and unsafe drugs

Legal actions directed at producers of pharmaceuticals and medical equipment are a distinct class of product liability lawsuits requiring specialized knowledge and experience. This is a result of the financial resources available to pharmaceutical and medical device corporations to refute such allegations or force litigants to settle out of court.

Additionally, the risk that a single successful case or settlement could set off a chain reaction of related claims and class action lawsuits from other patients who were harmed by the dangerous drug or defective biomedical product, not to mention the negative publicity the company would receive, tends to drive pharmaceutical and medical device companies to fight injury claims.

To put it briefly, product liability cases involving manufacturers of pharmaceutical and biomedical products are typically more intricate, costly, and contentiously contested.

How to prove a product liability case

Whatever the nature of your product liability claim, you (or your lawyer, if you choose to retain one) must present strong proof that the allegedly defective or excessively dangerous product met certain criteria. Additionally, you will need to demonstrate that its flawed state caused you harm.

You must also ascertain who bears responsibility for your damages and injuries. A product's maker, or the corporation that developed it, is frequently held accountable for any flaws or failures to provide a warning. But other parties, including the wholesaler, distributor, or retailer, can also bear some accountability. 

The majority of product liability lawsuits in Georgia are founded on the legal theory of strict liability, which is excellent news for consumers who have been harmed by defective items. This is different in several significant ways from typical negligence-based personal injury claims, not the least of which is the absence of a need to assign blame.

Plaintiffs just need to demonstrate the following three factors, instead:

1. The product that was defective was made by the defendant.

2. When the product was taken from the factory, it was flawed, and

3. Your injuries was a direct result of the product's flaw.

When a product is subject to strict responsibility, the focus is on the product itself rather than the conduct (or inaction) of the producer. 

You might also be required to provide evidence that the product in question was being utilized in accordance with its intended purpose in certain product liability situations. For instance, the defendant might attempt to contend that since you were misusing the device, they are not accountable for any damage you sustained as a result. You or your legal representative will have to present proof that you were utilizing the product in accordance with its instructions in order to refute this defense. It's important to remember that, once more, customers have a tiny edge in demonstrating that they used the product appropriately. If they were hurt while using the goods, they are still entitled to compensation even if they did not use it as the maker intended.

Let's take the case of a moisturizing lotion that you bought especially for your hands and body. However, you choose to wash your face with body lotion after running out of face wash. You can become blind if a tiny bit of lotion gets into your eye. The lotion's maker would probably be held accountable in this case since it should have been reasonable to assume that the lotion would also be applied to other parts of the user's body. However, since this is not a normal or expected usage of their body lotion, the corporation probably would not be held accountable if you became ill after eating the lotion.

Once culpability has been successfully proved, you need to figure out your damages, or the amount of money you are entitled to. Economic costs (such medical bills and expenses, missed wages, and other non-economic costs) as well as non-economic costs (like pain and suffering) should both be fairly compensated for product liability damages.

Compared to other torts like premises liability and medical malpractice, the average product liability award in 2019 was significantly greater at over $7 million. A plausible explanation for this could be because punitive damages—a unique class of penalties that puts an extra penalty on businesses who blatantly prioritize money over people—are more frequently awarded by courts in product liability cases. You should speak with a knowledgeable lawyer that focuses on defective product claims to make sure you have the best case possible and get the most money.

Common product liability defenses

A maker of a defective product can attempt to evade culpability by adopting any of the following defense tactics in addition to arguing that you were not using the product as intended:

How does a personal injury case proceed?

Time limit has expired: In Georgia, plaintiffs typically have two years from the date of injury to make a claim. The instant the injury occurs, the clock begins to run. The "statute of repose" in product liability law establishes a 10-year statute of limitations from the product's original sale date for filing a claim. The defendant may be successful in having your case dismissed if they can demonstrate that you submitted your claim after the statute of limitations or repose. Legal time limitations rarely include exceptions, so discuss your choices with an attorney as soon as you can.

Changes: The defendant may try to avoid culpability by demonstrating that your injuries were caused by your modifications rather than the product itself if it can demonstrate that you altered the original product in a way that compromised its intended use or safety.

Acceptance of Risk: When a company is sued for a harmful or faulty product, one of the most frequent defenses it uses is the argument that the customer accepted the risk of harm when they bought or used the product in question. They can attempt to argue that a reasonable person might have recognized the threat and taken precautions to avoid it.

Comparative negligence: Finally, goods producers frequently argue that the plaintiff should be held partially liable for their own injuries due to misuse or carelessness by using Georgia's modified comparative negligence legislation. Manufacturers are able to lower the proportion of compensation they must pay thanks to this defense. The corporation will escape with no consequences if they can demonstrate that the plaintiff bears at least 50% of the blame, preventing the plaintiff from pursuing any further damages.

Never underestimate the strength of deep-pocketed manufacturers' and firms' defense when corporate earnings and brand reputation are at issue. When pursuing defective product claims against firms and manufacturers, it is best to work with an experienced product liability attorney.

What to do if you’ve been injured by a defective product

It's critical to get medical help as quickly as you can, regardless of who or what caused the injury—even if it was an object. Make sure you attend all of your doctor's appointments and heed their advice.

If at all feasible, save the product that caused you harm and collect any documentation related to the purchase of this device. These will be essential pieces of evidence in the event that you want to pursue a product liability lawsuit. Naturally, you should stop using the product and avoid getting hurt even more, but store it somewhere safe until you need it again.

Next, get in touch with a local attorney that specializes in defective items as soon as you can to go over your legal options and find out whether you have a case. Bring the product, if at all feasible, to the initial meeting, and be ready to respond to inquiries regarding your actions at the time of the injury.