Consumers should be able to purchase products under the assumption that they are safe for their intended use. Whether it is an automobile, a children’s product, a prescription drug, or even a surgical implant, you should be able to assume that you will not sustain an injury because of product defect. However, products defects happen with some regularity, and it is important to learn more about the process of filing a claim for compensation from an experienced product liability lawyer in South Georgia.
Each year, thousands of victims sustain serious injuries from dangerous and defective products. Home appliances, food, drugs, automobiles, medical devices, medical implants, and a variety of other products used by consumers every day go wrong and cause catastrophic injuries and deaths.
Severe personal injuries and wrongful deaths could be avoided if the manufacturers or distributors of these products took reasonable steps to ensure consumer safety. If you or a family member or loved one has been injured, or died, as a result of injuries due to the use of a dangerous or defective product, you may be able to file a claim against the manufacturer to recover damages. You do not necessarily have to prove that the manufacturer was negligent.
Manufacturers and their marketers must label products they distribute for public use in so as to warn of all dangers associated with its’ proper or foreseeable uses. They must specifically state how that product should be used and warn you of the hazards.
$2.6 Million Jury Verdict against Volusia County. Trial televised on Good Morning Americaview more
$2.6 Million Verdict against Volusia County, televised on Good Morning America.view more
Confidential settlement of over 100 cases against a pediatric dentist who faces prosecution for fraud based on abuse of children.view more
You might be asking yourself: what, exactly, is product liability law? Product liability law falls within the larger legal category of personal injury law, and it refers to situations in which product defects cause injury plaintiffs. According to the Cornell Legal Information Institute (LII), the definition of product liability law is as follows: “Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by the product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, wholesaler, and the retail store owner (at the bottom of the chain).”
Generally speaking, product liability claims will fall into one of the three separate categories:
As we have mentioned, product defects and safety recalls can impact a very wide range of consumer products. Examples of dangerous products that have been subject to recalls in recent years include but are not limited to:
What should you do if you own a product that is associated with a safety recall? According to an article in Parents magazine, the most important thing you can do is to heed the recall. Heeding a recall notice typically involves the following:
It is important to note that some product safety recalls are more serious than others. In some instances, recalls concern only minor labeling problems, but in other instances, products are subject to recalls because they can cause life-threatening injuries.
Product liability claims are somewhat different from many other personal injury lawsuits because plaintiff may not always present a case under a theory of negligence. In some instances, a personal injury victim may indeed argue that the engineer, manufacturer, or sales distributor for a product was negligent, and as a result of that negligence, the plaintiff is entitled to damages.
However, depending upon the specific facts of your case and the location where you file your claim, you may file your lawsuit under a theory of strict liability. What is strict liability? In brief, strict liability allows an injured plaintiff to prove that a defendant is liable without having to prove that the defendant was negligent or behaved poorly. To be sure, the defendant can be very careful and still can be liable. A product defect lawsuit that relies on a theory of strict liability typically will require a plaintiff only to prove the following:
If you file a product liability lawsuit, what types of damages can you hope to recover? In general, damages are likely to fall into one of two categories: compensatory damages and/or punitive damages. What is the difference between the two? Compensatory damages aim to compensate a plaintiff for his or her losses, while punitive damages aim to punish the defendant and to deter subsequent actions in the future.
If you have been injured by a dangerous product, we are here to help. The Georgia attorneys at the Law Offices of John M. Phillips are prepared to help you today.