Common Types of Product Liability Claims
Many products can be dangerous if they are misused. It would be unfair to hold manufacturers and sellers liable for every injury linked to their products. However, when products are manufactured with design flaws, are insufficiently tested before they are released into the marketplace, or omit appropriate warnings, those responsible can be held legally liable.
Some of the most common product liability claims include products such as:
- Medical devices. Consumers reasonably rely on medical devices like joint replacements and implanted defibrillators to improve their quality of life, so it’s appalling when these devices cause more harm than good. The manufacturer might be liable if the product is defective and causes harm to patients.
- Children’s toys and products. Parents expect their children will be safe when playing with age-appropriate toys or sitting in a car seat. Children’s products are supposed to meet multiple safety standards. However, unsafe products can victimize innocent children. Sadly, these products are often only recalled after reports of multiple injuries.
- Dangerous medications. Prescription drugs that are supposed to treat disease and medical conditions sometimes make patients sicker. Drugs that come with a list of warnings inform patients that they are accepting risks along with the benefits. However, when a drug company fails to disclose possible side effects, doesn’t fully warn physicians and patients of associated risks, or markets defective medications, they recklessly put consumers in harm’s way.
- Tools or machinery. Anyone operating tools or heavy equipment knows these products can be dangerous if used incorrectly. However, they also expect that these products meet industry standards and include safety measures to reduce risk. A faulty tool or machine can cause serious bodily injuries like amputation, loss of vision, or electrocution.
- Motor vehicle parts. Cars, motorcycles, and trucks with defective parts pose a serious risk to the motorist and anyone else on the road. A vehicle that is sold with a defective component, has a dangerous design, or is equipped with defective replacement parts can lead to terrifying accidents. Brake failure, tire blowouts, or rollovers can lead to catastrophic consequences.
- Safety equipment. Workers in industrial environments do difficult and risky jobs. They depend on various devices to help them get the tasks done safely. For example, construction workers wear steel-toed boots, gloves, and hardhats, and coal miners wear dust masks and respirators. In this way, they put their lives in the hands of product manufacturers. When these companies produce defective products, the consequences can be devastating.
How Our Canton Product Liability Attorney Can Help
It can be overwhelming when you are seriously injured by a dangerous or defective product that you had good reason to believe was safe. Figuring out who is responsible for what happened is a complicated process both technically and legally that requires sophisticated analysis.
Even then, it can be challenging to make a case against powerful corporations and their armies of lawyers. These companies typically do everything they can to protect their reputation and profits. They might try to offer you a lowball settlement that won’t cover the damages you suffered. They might use delay tactics. They may even flat out deny responsibility.
However, these reckless companies must be held accountable when they cause harm. At the Geiger Legal Group, LLC, our skilled product liability lawyer will fight fiercely for the compensation and justice you deserve.
You can trust our respected legal team to:
- Evaluate the circumstances of your case and explain your legal options
- Determine liability after a thorough investigation and collect vital evidence
- Estimate how much your case is worth, based on the specifics of your case and our experience with prior cases
- Negotiate with corporate representatives on your behalf, demanding a full settlement for your losses
- File a product liability lawsuit if the corporation refuses to agree to an appropriate settlement
- Represent you in court to vigorously fight for your legal rights and just compensation
What to Do If You’ve Been Harmed by a Dangerous or Defective Product
There are some basic steps you can take to help protect your legal rights after you’ve suffered an injury from a dangerous or defective product. These include:
- See a doctor. After you’ve been harmed by a dangerous or defective product, your health is the main priority. A medical professional can evaluate your injuries, recommend a treatment plan, and hopefully minimize further harm. The physician’s report is a critical piece of evidence if you file a claim because it can initially document the extent and cause of your injuries.
- Keep the product. The product itself becomes fundamentally important evidence for your claim. Keep the product as-is, its packaging and instructions, and all other forms of documentation and receipts in a safe place.
- Consult an attorney. To protect your rights and begin the process of obtaining the compensation you’re rightfully owed, contact a Canton product liability lawyer for a free consultation.
Compensation in a Product Liability Claim
While the exact amount you might be able to recover depends on your case, compensation typically covers things like:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Funeral and burial expenses
Any early settlement offer is likely not taking into account the total amount of losses that you are facing. That is why we urge you to contact our firm before you agree to any settlement.
Georgia Statute of Limitations on Product Liability
Under Georgia law, you typically have a maximum of two years to file a product liability lawsuit for your injuries. After this deadline expires, it might be impossible to get compensation for your injuries.
An experienced product liability attorney from our firm can start on your case immediately to ensure you do not miss any deadlines and your rights are protected.
Steps in a Product Liability Lawsuit
Much of the key steps in a lawsuit happen way before a lawyer files the legal papers in the courthouse. The initial steps include gathering evidence about the defective product, determining the potentially liable parties, and assessing the victim’s damages.
Your legal counsel will then put the responsible parties on notice of a potential product liability lawsuit, which should trigger settlement negotiations. If no settlement emerges, the case heads to court.
While the case is pending and before a trial date is set, the attorneys conduct what is called discovery. This includes requesting pertinent documents, submitting questions in writing, and conducting depositions of key witnesses. This material essentially creates a pre-trial knowledge base.
Negotiations with defense lawyers continue, however, even after the case goes to court. It’s not unusual for a settlement to materialize even after a lawsuit has been filed.
Talk to a Cherokee County Product Liability Lawyer Now
If you’ve been harmed by a dangerous or defective product in North Georgia, you need to know you are not alone in this fight. Contact the Geiger Legal Group, LLC today for a free consultation, and learn how our experienced product liability lawyer will fight for you.