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 personal injury 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 Cumming, 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
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Our personal injury settlement calculator is designed to give you a general idea of what your case might be worth. You will need the following:
- Medical Expenses – This includes hospital bills, ambulance fees, prescriptions, physical therapy, and any past or future medical treatment related to your accident injuries.
- Lost Income – Total lost income from your injury, including any PTO or time-off benefits used—calculate this as if it were unpaid. Also include estimated future income lost due to being unable to work during recovery or ongoing treatment.
- Property Damage – Cost of automotive damage in vehicle accidents. You’ll leave this as “0” (zero) for most other types of injury claims.
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 Cumming, 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.
Experienced Product Liability Attorneys in Cumming, GA
If you’ve been injured by a defective or dangerous product in Cumming, Georgia, it’s crucial to have a trusted and experienced product liability lawyer by your side. At [Your Firm’s Name], we specialize in helping individuals who have suffered harm due to the negligence of manufacturers, distributors, and retailers. Whether you’re dealing with a faulty car part, a dangerous pharmaceutical, or a defective household product, our team of skilled product liability attorneys is here to protect your rights and fight for the compensation you deserve.
Product liability cases can be complex and require a deep understanding of both legal and technical aspects. Our Cumming product liability attorneys have years of experience navigating these intricate cases and are committed to ensuring that your case receives the attention it deserves.
Why Choose Our Cumming Product Liability Lawyers?
When it comes to product liability, choosing the right lawyer can make all the difference. Here’s why [Your Firm’s Name] is the best choice for product liability cases in Cumming, GA:
Local Expertise in Cumming, GA, and Forsyth County
As a law firm based in Cumming, GA, and deeply rooted in Forsyth County, we understand the unique characteristics of the local market and the community. Our local presence allows us to stay up-to-date with the latest legal developments in Georgia, including local case law, regulations, and product safety concerns. This gives us a distinct advantage in handling product liability cases in the area.
A Proven Track Record of Success
We have a long history of achieving favorable outcomes for our clients. Whether through negotiation or trial, our product liability lawyers have consistently secured compensation for injured victims. Our focus is on maximizing the value of your claim, ensuring you receive full compensation for medical expenses, lost wages, pain and suffering, and other damages.
Free Consultation and No Upfront Fees
We offer free initial consultations to all new clients. You won’t pay anything unless we win your case. This contingency fee arrangement ensures that you can focus on your recovery without worrying about upfront legal fees.
Understanding Product Liability Laws in Georgia
Product liability laws hold manufacturers, distributors, and retailers accountable for injuries caused by defective products. In Georgia, these laws are designed to protect consumers from harm caused by dangerous or poorly made products. If you’ve been injured by a defective product, understanding the basics of product liability law can help you navigate your legal options.
Types of Product Defects
There are three main types of product defects that can lead to a product liability claim:
Design Defects: A design defect occurs when a product is inherently dangerous or defective due to its design, even though it is manufactured according to the intended specifications. Examples include defective car brakes or poorly designed children’s toys that pose choking hazards.
Manufacturing Defects: Manufacturing defects happen during the production process. These defects are typically isolated to specific batches of products. For example, if a batch of medication contains harmful contaminants due to poor quality control, it could lead to a product liability case.
Marketing Defects (Failure to Warn): Marketing defects arise when a product lacks proper warnings or instructions. If a product is dangerous when used incorrectly, the manufacturer has a duty to provide clear instructions and warnings. Failure to do so can lead to liability.
Georgia’s Comparative Fault Rule
Georgia follows the comparative fault rule when determining damages in personal injury cases, including product liability claims. This means that if you are partially at fault for your injury, your compensation may be reduced by your percentage of fault. For example, if you were using a product incorrectly, and it malfunctioned, but you were 30% responsible, your compensation would be reduced by 30%.
Common Causes of Product Liability Claims in Forsyth County
Product liability cases can arise from a wide range of products, including defective pharmaceuticals, hazardous household items, and malfunctioning industrial equipment. In Forsyth County, Georgia, the following are some of the most common causes of product liability claims:
Defective Car Parts
Car accidents caused by defective auto parts, such as faulty airbags, brake systems, or tires, are a leading cause of product liability cases in Georgia. If an auto part malfunctions and leads to an accident or injury, the manufacturer or distributor could be held responsible for the harm caused.
Defective Medical Devices
Medical devices, such as hip implants, surgical instruments, and pacemakers, are meant to improve patient outcomes. However, defects in these products can lead to serious complications and harm. If you’ve been injured by a defective medical device, our Cumming product liability lawyers can help you seek justice.
Dangerous Consumer Products
From household cleaners to children’s toys, consumer products that are poorly designed or manufactured can pose significant dangers. If you or a loved one has been injured by a defective consumer product, you may have grounds for a product liability lawsuit.
Pharmaceutical Defects
Prescription medications and over-the-counter drugs are subject to rigorous safety standards. However, sometimes drugs are released with harmful side effects or defects that can cause serious health issues. Our team has experience handling pharmaceutical liability cases, helping clients who have been injured by unsafe medications.
What to Do If You’ve Been Injured by a Defective Product in Cumming, GA
If you or a loved one has been injured by a defective product in Cumming, GA, there are several important steps you should take to protect your rights:
1. Seek Medical Attention Immediately
Your health and safety are the top priority. If you’ve been injured by a defective product, seek medical treatment as soon as possible. Not only is this important for your health, but it also creates a record of your injuries, which is vital for your product liability claim.
2. Report the Incident to the Manufacturer or Retailer
If you feel comfortable, report the defect to the manufacturer or retailer that sold the product. This can help prevent others from suffering similar injuries. Keep a copy of any correspondence or reports.
3. Preserve the Product
Do not dispose of the defective product. Keep it in a safe place as evidence. If necessary, the product can be inspected by experts who will determine the defect and its role in your injury.
4. Contact an Experienced Product Liability Lawyer
Contacting an experienced product liability attorney is crucial to ensuring that you fully understand your rights and the legal process. Our team at [Your Firm’s Name] will evaluate your case and help you determine the best course of action.
How Our Attorneys Maximize Your Compensation
When pursuing a product liability claim, it’s essential to have an attorney who is dedicated to securing the maximum possible compensation for your injuries. At [Your Firm’s Name], we focus on obtaining full and fair compensation for our clients. Here’s how we maximize your compensation:
Medical Expenses
We ensure that all of your medical expenses, including hospital stays, surgeries, medications, and future treatments, are fully covered by the responsible party.
Lost Wages
If your injury has caused you to miss work or affects your earning capacity, we will help you recover compensation for lost wages and lost future income.
Pain and Suffering
We understand that a product defect injury can cause not just physical pain but also emotional and psychological suffering. Our attorneys will work to ensure you are compensated for the pain and suffering you have endured.
Contact Us Today for a Free Consultation
If you have been injured by a defective product in Cumming, GA, don’t wait to seek the legal representation you need. Our product liability lawyers are ready to help you get the compensation you deserve. Contact us today for a free consultation.
You can reach us at [Phone Number] or fill out our online contact form. We’ll review your case and discuss the best options for moving forward. Remember, you pay nothing unless we win your case!