Atlanta Product Liability Lawyer

Atlanta Product Liability Attorney

When you buy a product, it is not unreasonable to assume that the product you are purchasing has been properly tested and deemed safe for public consumption. Discovering the product is not safe can be terrifying and infuriating. Sometimes, products make it to the public market without being tested properly or with glaring design flaws that nobody noticed until it was too late. If you are the victim of product malfunction, contact an Atlanta product liability lawyer.

You’ve Been Hurt By Dangerous Products. We Can Help. 

If you have fallen victim to dangerous products, get medical help, and then call our office. A skilled Atlanta personal injury lawyer from Merritt & Merritt can help you recover compensation for lost wages, medical treatment expenses, disfigurement, scarring, and emotional distress caused by dangerous or defective products. Let us help you figure out your next steps in developing a product liability case that could result in compensation for you.

We won’t charge you unless we win compensation on your behalf. Call 404-975-1775 to schedule your free consultation.

Why Choose Merritt & Merritt To Handle Your Atlanta Products Liability Case?

With a record of success since 1973, we have proven ourselves as the “people’s firm.” We will work directly with medical professionals to understand the significance of your injuries. With over four decades of experience, we know what it takes to get big name insurance companies and large corporations to pay. If liable parties fail to produce a fair settlement amount, we’ll go to court and fight for your recovery.

What You Should Know About Manufacturer Liability In Georgia

Manufacturers and retailers often fight to avoid responsibility for their products that have caused personal injury, and in some cases death. When corporations fail to put your safety first, we can help hold them liable for your injuries.

1. Time- Georgia law allows for a two-year window when filing a personal injury claim for damages from dangerous or defective products. However, this time limit is measured from the time of discovery of both the personal injury and the product’s relevance to the injury unless this discovery is made outside of the ten-year statute of repose. While the statute of limitations governs the amount of time a plaintiff has to recover money after he or she was injured, the statute of repose bars any actions for dangerous product injuries that happen after 10 years from the date the item was first sold.
2. Damages – To have a products liability claim in Georgia you must be less than 50% at fault for the injury caused. Additionally, your claim may be reduced by your percentage of liability.
3. Basis for Liability – For the manufacturer to be liable, the product that caused injury must have been defective upon release from the manufacturer and the defect must have caused the injury. In Georgia, we consider issues of defective design, manufacturing defects, and duty to warn when building a case.

Product Liability in Georgia

Product liability is the legal term given to the responsibility that product manufacturers and developers have when they sell a product. Georgia state law can be considerably harsh when it comes to product liability, as the state expects product manufacturers to vet their products properly before releasing them to the public and possibly putting consumers in danger. The plaintiff doesn’t even need to establish fault on the part of the defendant.

To prove product liability in the state of Georgia, you will need to establish four necessary elements within the established statute of limitations for defective products, which is two years for personal injury claims. These four necessary elements are:

• Defective Product: You must prove that the product you used was defective at the time of your injury.
• Proximate Cause: You must prove that the product’s defective condition caused your property damage or injury.
• Same Condition: You must prove that the product you used was in practically the exact same condition it was when it left the factory, and you didn’t modify it in any way.
• Intended Use: You must prove that you used the product as intended or in a manner that was reasonably foreseeable by the manufacturer.

If you are able to prove all of these elements, you will have a much easier time proving your case. In addition, you will need to determine which of the three areas of fault your claim falls under for a product liability case. These three areas include:

• Manufacturing Defects: In theory, a product’s design may be completely effective and physically sound. It’s not until it is actually manufactured that something could go wrong and make the product unintentionally dangerous. If the product was rushed to meet a deadline, developed with subpar materials, or not tested appropriately, the result could be a defective product. In these cases, liability could very well rest with the manufacturer.
• Defective Design: It is no easy task to design a product that impresses shareholders and consumers. In the design phase, certain considerations may not be taken until the product is already on its way to the market. Once a product is already manufactured and being sold, it can be very difficult and expensive to take it back to the design phase. A defective design can cause all sorts of product liability claims and destroy a product’s reputation forever.
• Duty to Warn: Product manufacturers are expected to warn people of any possible danger that could happen if their product is used incorrectly. Failure to warn consumers of potential dangers could result in a product liability case if somebody hurts themselves as a result of an unwritten danger.

FAQs

Q: What Is the Discovery Rule for Product Liability in Georgia?

A: The discovery rule for product liability in Georgia refers to how the state interprets the statute of limitations. While you have a two-year window to file a product liability case for personal injury, that time starts on the day that the victim reasonably discovers their injury was caused by a defective product. The statute of limitations begins when the connection between injury and product is discovered.

Q: How Can You Challenge a Company’s Product Liability Defense?

A: There are many different ways to challenge a company’s product liability defense. One of the more common defenses that a company may use is that it wasn’t their product that caused the injury in question. You can challenge this by presenting evidence and testimony that establishes the defective nature of the product and demonstrating a direct link between your injuries or damages and the product defect. Document how the injury was specifically caused by the product and not other factors.

Q: How Do You Prove Product Liability?

A: You can prove product liability in various ways. Providing strong evidence is one of the most effective ways to succeed in your case. If you can prove the connection between a defective product and the injury you sustained from it, you may have a good chance of winning your case. Evidence can include medical reports, product blueprints, testing records, recall notices, and more. An effective lawyer can help you build a strong case.

Q: What Is the Statute of Limitations on Product Liability in Georgia?

A: The statute of limitations on product liability in Georgia is two years for personal injury claims and four years for property damage claims, though legal action must be taken within ten years of purchasing the product in question. If you are unable to file your claim before the two-year or four-year windows close, there is a good chance that your claim will be dismissed, and you will lose your chance to seek compensation.

Recovering Damages For Injuries From Dangerous Products

It can be embarrassing and, in some cases, life-threatening to deal with a defective product. Depending on the situation, you could be dealing with severe injuries. Some defective products might even cause your death or the death of a loved one. That’s why it is so important to hold companies accountable for their negligence and help get certain products out of circulation.

The legal team at Merritt & Merritt Law Firm understands you will need proper legal assistance to challenge a company in a case involving product liability. We can help you develop your case, gather the evidence you need, and make sure your interests are protected throughout the duration of your case to secure your compensation.

While the Consumer Product Safety Commission (CSPC) helps protect consumers like you from dangerous products that cause injury or death, our firm helps make sure negligent manufacturers and retailers pay for the injuries and deaths their products cause. If a dangerous product has caused your personal injury resulting in medical expenses, or led to a loss of life, we can help. Call our firm today at 404-975-1775 and let’s get started with your recovery. Contact us today.