Product Liability

Product Liability Attorney Atlanta

Product liability is a legal term that refers to the responsibility of manufacturers, distributors, and retailers for any harm caused by a product they have made, distributed, or sold. It is a legal theory that holds companies accountable for defects in their products that cause harm to consumers. A product liability attorney, in such cases, can help you deal with it.
A product can be considered defective if it has a design defect, a manufacturing defect, or if it lacks adequate warning or instructions. A design defect is a defect that is inherent in the product’s design, making the product dangerous for its intended use. A manufacturing defect is a defect that occurs during the production process, such as a mistake or error in the assembly of a product. A lack of warning or instructions is when the manufacturer or supplier fails to provide adequate warning or instructions about the potential risks associated with the product.
Consumers can be harmed by a defective product in a number of ways, such as physical injuries, property damage, or financial losses. For example, a consumer could be injured or killed by a defective car, a defective medical device, or a defective consumer product such as a toy or appliance.
To sue a product manufacturer or retailer, the consumer must prove that the product was defective and that the defect caused the injury or harm suffered. The consumer must prove that the product was used in a manner that was reasonably foreseeable by the manufacturer, that the defect existed at the time of sale or distribution and that the defect caused the harm suffered. The consumer should consult an attorney who specializes in product liability to evaluate the case and to determine the best course of action.
It’s important to note that each case is different and the outcome of a case can vary depending on the specific facts and circumstances. It is best to consult an attorney to know the specifics of your case.

Who is at fault for a faulty product and how to sue the responsible parties?

When a faulty product causes injury or harm, the manufacturer, distributor, and retailer of the product can all be held liable for the harm caused by the defective product. The specific parties that are at fault will depend on the circumstances of the case.

Manufacturers: Manufacturers are responsible for the design, development, testing, and production of a product. They are also responsible for ensuring that their products are safe for their intended use and that they meet or exceed industry standards. If a product is found to be defective due to a design or manufacturing defect, the manufacturer can be held liable for any harm caused by the product.

Distributors: Distributors are responsible for getting the product from the manufacturer to the retailer. They are responsible for inspecting the product for defects, and for ensuring that the product is safe before it is sold. If a distributor is found to have failed to inspect a product for defects, or to have distributed a defective product, the distributor can be held liable for any harm caused by the product.

Retailers: Retailers are responsible for selling the product to consumers. They are responsible for ensuring that the product they sell is safe and that it meets or exceeds industry standards. If a retailer is found to have sold a defective product, the retailer can be held liable for any harm caused by the product.

What to do after defective product injury in Atlanta?

If you have been injured by a defective product in Atlanta, there are several steps you should take:

  • Seek medical attention for your injuries as soon as possible.
  • Keep the defective product and any packaging or instructions that came with it.
  • Gather any documentation related to your injuries, including medical bills, treatment records, and photographs of your injuries.
  • Do not speak to any representatives of the company that manufactured the defective product or their insurance company without consulting with your lawyer first.
  • Consider reporting the incident to the U.S. Consumer Product Safety Commission (CPSC) and/or the Atlanta-Carrollton-Douglasville, GA-AL office of the Consumer Product Safety Commission (CPSC) if you believe the product poses a danger to others.
  • Cooperate with your lawyer in order to build a strong case against the manufacturer and/or distributor of the defective product.

What are the types of product defects?

There are three main types of product defects that can lead to injuries or accidents: design defects, manufacturing defects, and warning defects.

  • Design defects: These occur when a product is inherently dangerous due to its design. For example, a car with a design defect in the braking system would be dangerous regardless of how well it was manufactured.
  • Manufacturing defects: These occur when a product is made correctly, but something goes wrong during the manufacturing process, causing it to be dangerous. For example, a tire with a manufacturing defect would be safe if made correctly but dangerous due to the defect.
  • Warning defects: These occur when a product is safe to use but lacks proper warning labels or instructions, making it dangerous to consumers. For example, a medication bottle without proper warning labels or instructions could be considered as warning defects.
It’s worth noting that, some states also recognize a fourth type of defect, called a “marketing defect”, which is when the product is marketed in a misleading or dangerous way.

How to prove liability in a product liability case?

Proving liability in a product liability case can be complex and requires the help of an experienced personal injury lawyer. To prove liability, the following elements must be established:
  • The product was defective: This can be established by showing that the product was not manufactured or designed according to industry standards, or that it lacked proper warning labels or instructions.
  • The defect caused the injury: The injured party must show that the defect in the product was the direct cause of their injury. Medical evidence can be used to establish the cause of the injury.
  • The product was being used as intended: The injured party must show that they were using the product as intended and not in a way that would be considered abnormal or unreasonable.
  • The injury resulted in damages: The injured party must show that they suffered damages as a result of the injury, such as medical expenses, lost wages, or pain and suffering.

Once these elements are established, the manufacturer and/or seller of the product can be held liable for the injuries caused by the defect. In addition, some states also have strict liability laws for product liability cases, which means that the manufacturer can be held liable even if they were not negligent or aware of the defect.

It’s important to note that, in order to prove liability, it is important to keep the product and any packaging or instructions that came with it, and gather any documentation related to the injury, including medical bills, treatment records, and photographs of the injuries.

Contact Us:

At Adkins Law Firm, we understand the emotional and financial turmoil that can come with being injured by a defective product. That’s why we are dedicated to fighting for the rights of victims and holding negligent manufacturers and sellers accountable for their actions.
As experienced product liability attorneys in Atlanta, we have the knowledge and resources to effectively investigate and build a strong case on your behalf. We will work tirelessly to gather the evidence needed to prove liability and hold the responsible parties accountable for your injuries.

We know that dealing with a product liability case can be stressful. Our team will guide you through every step of the process and keep you informed of your case’s progress.

Our firm works on a contingency basis, which means that we don’t get paid unless we win your case. This means that you don’t have to worry about any upfront costs or hourly fees. We are committed to helping you recover the compensation you deserve without any financial burden.
If you or a loved one have been injured by a defective product, don’t hesitate to contact us for a free consultation. We will review the details of your case and advise you on the best course of action. Together, we can hold the responsible parties accountable and secure the compensation you deserve.

Call us at 404-487-8529 to connect with the best product liability lawyers in Atlanta and secure you the maximum compensation.