Products can be defective for a number of reasons—they may be flawed in their design, there could’ve been errors in their manufacturing, or they may lack adequate warning labels. Whatever the defect, putting defective products out into the market creates a significant risk that people will be seriously injured when they use that product. An experienced defective product attorney can help someone who has been injured by a product that was defectively designed or manufactured.

The three basic types of defective product lawsuits:

1. Manufacturing Defects

Companies that manufacture and sell consumer goods are liable for any injuries that may result from their defective products, whether they are defective in how they were made or how they were designed. A manufacturing defect occurs when a product is being put produced or assembled.

To prove your case against a defective product’s manufacturer, you have to prove that the product was defective at the time it was made or when the manufacturer turned over the product to a distributor. If you cannot do that, you will have to prove that the distributor or retailer caused the defect.

2. Design Defects

Other product-related injuries stem from a defect or flaw in the product’s design. A product may be assembled or manufactured without mistakes and still be “unreasonably dangerous.” Worse, since the flaw is in the design of the product, all of the company’s products are usually similarly defective.

To recover for your injuries from a product that was defectively designed, you have to prove several elements:

  • The designed product would be unreasonably dangerous no matter how it is manufactured.
  • A reasonable designer or manufacturer could foresee that the product’s design is flawed in a way that could cause injuries to consumers.
  • There were alternative designs that could have reasonably been used to create a safer product for the same purpose

3. Failure to Warn and Defective Warnings

There are many federal and state regulations requiring that products have safety symbols and warning labels on potentially dangerous products. These warnings must be easy to read and clearly communicate the potential risks of using the product. This is especially true with prescription drugs.

To succeed on a claim that a manufacturer or designer did not have an adequate warning label, a defective product attorney has to prove that the risk of injury was reasonably foreseeable to the manufacturer or designer.

Examples of defective products:

Most of the product liability cases we see involve these types of defective or dangerous products:

  • Automobiles – Accidents and injuries resulting from faulty car parts are some of the more common ways consumers are injured by defective products. Cars can be defective by design, such as the infamous rear-mounted fuel tanks in Ford Pintos. They can also be products of a flawed manufacturing process, such as cars that have faulty brakes or airbags. Either way, a poorly designed vehicle or one made out of defective parts can be life-threatening.
  • Pharmaceuticals and Medical Devices – Tragically, the drugs we take to cure or treat our medical conditions can sometimes be defective and deadly. The Food and Drug Administration reports thousands of deaths and injuries each year from defective prescription drugs. Sometimes these defective pills aggravate the medical condition they’re intended to treat; sometimes they have horrific side effects that were never disclosed to the patient. Additionally, prescription drugs may have defective warning labels, causing a person to take the wrong medicine and suffer adverse health effects. Medical devices, such as pacemakers, stents, and hip replacements, can also be defective and pose serious injury risks. Defective medical devices are recalled frequently, but given the nature of these devices, namely that they are usually inside a person’s body, the damage is usually already done. Manufacturers and designers of defective medical devices can be held liable for the damage their products cause and the expenses victims have to incur to remove these products from their bodies.
  • Toys and Products for Children – In 2016, over 240,000 children were treated in hospital emergency rooms for “toy-related injuries.” These injuries included head injuries, serious cuts, and broken bones. Statistics also indicate that the most common injuries came from children playing with “riding toys,” such as scooters and bikes. Besides toys, there are other children’s products that can cause serious injuries. Defective nursery products such as high chairs, strollers, and cribs, for example, can cause serious head injuries and internal organ injuries if they break at the wrong time. In one famous example, the U.S. Consumer Product Safety Commission found that several brands of crayons contained asbestos and other dangerous fibers.
  • Power Tools – From power saws to nail guns, using power tools involves a high risk of serious injury. Each year, over 400,000 people check into the emergency room with an injury they suffered while using a power tool. In many of these instances, the cause of injury was a defect in the tool. The power tools most commonly associated with injuries were nail guns, chainsaws, and table saws. While power tools are inherently dangerous, they’re even more dangerous if they’re defective. That’s why power tool manufacturers have a legal obligation to build these tools as safely as possible and, equally as important, to make sure they feature prominent and clear warning signs.

Of course, this list is not exclusive, and there are thousands of other types of products out there that can cause serious injury if they’re made or designed defectively. There are so many defective products in our market that the government has created a website that allows consumers to check whether the products they buy are subject to recalls.

If you’ve been injured by a dangerous product, call a defective product attorney for help.

In Georgia, you can file a products liability lawsuit against any individual or organization that was part of the product’s “chain of distribution,” also referred to as the chain of commerce.

The chain of distribution includes the main manufacturer that assembled the product, the parts suppliers that gave the main manufacturer the raw materials, the distribution companies that shipped the product to retailers, the firm that marketed the product, and, of course, the retailer that sold you the product.

You may not be able to recover for your injuries from all of these entities. But the ability to sue all of them is an important tool in these types of lawsuits because an experienced lawyer can trace your injury to the party that caused the defect.

The most common way to bring an effective product liability lawsuit is for a defective product lawyer to allege that the manufacturer or designer of the product was negligent or careless in manufacturing or designing the product. Even if they were completely unaware of any defects, these parties can be liable for injuries if you can prove that they should have known about the defects if they had been reasonably diligent in testing the product for safety and considering risks in the design.

In some cases, you do not have to prove that a manufacturer or parts supplier “should have known” about the defect in order to recover for your injuries. Some products, like explosives or chemical products for example, carry an inherently dangerous risk of harm. Therefore, the law imposes “strict liability” on manufacturers of such products for any injuries resulting from those products.

That means the injured party does not have to prove that the manufacturer was negligent or careless in their manufacturing process in order to file a lawsuit against them for damages. All an injured person would have to prove is that the defect existed at the time it was manufactured and that the defect was responsible for the injury.

Defective product lawsuits protect the public from dangerous products.

Product liability is a very complex area of law, and you need an experienced lawyer if you want to maximize the recovery for your injuries. It’s also important to act quickly if you have been injured, as your claim against the manufacturer or designer of the product can expire after two years.

A defective product attorney can also help you determine what damages you are entitled to as a result of your injuries. In addition to medical expenses, you may be entitled to loss of wages due to your injury, pain and suffering damages, mental anguish, and punitive damages. If a defective product caused the death of a loved one, you may also have a wrongful death claim.

Don’t wait for the company that sold you the defective product to make it right. Chances are they’re more likely to fight you than help you. Contact our firm for a free consultation with one of an experienced defective product attorney. We will fight on your behalf, and it won’t cost you anything unless we win. We have offices in Atlanta and Brunswick, Georgia, and a satellite office in Washington, D.C.

Not satisfied with your current personal injury attorney? You have a right to a new lawyer at no additional cost to you.  Find out how easy it is to switch to our firm.

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