Every year, thousands are injured and even killed by products purchased with some sort of serious defect in the design or manufacturing process. According to the U.S. Consumer Product Safety Commission, about 30 million injuries and 22,000 fatalities are related to products.
When you buy a product, you have a right to assume it is safe as properly used. When people suffer an injury due to some sort of mistake, they have a right to compensation. This area of law is called "products liability."
An Atlanta products liability lawyer can help you get the compensation you deserve if you or your child have been injured due to a defect in a product you've purchased or used. Emanuel Balams fights for the rights of those who have been injured due to poorly produced or designed goods. Contact Balams Law Group today at (404) 445-2005 to schedule a free consultation.
Emanuel Balams represents people throughout the Atlanta area, including in Sandy Springs, Lawrenceville, Dunwoody, College Park, Roswell, Norcross, Duluth, Johns Creek, Smyrna, Brookhaven, Alpharetta, Milton, Decatur and anywhere in Fulton, DeKalb, Gwinnett, Clayton or Cobb Counties.
Under Georgia Code § 51-1-11, the manufacturer of a product is liable to purchaser of a product if that purchaser is injured by or in connection to a product that is "not merchantable and reasonably suitable to the use intended."
Most personal injury cases are based on a legal theory called "negligence." Most product liability cases, however, work on a theory called "strict liability." Under strict liability, it does not matter if the manufacturer or seller was careless, merely that the product they sold had some sort of defect.
A product has a design defect if there is some sort of flaw in the inherent design that makes it unsafe for use. Generally, a product with a design flaw will have the same problem consistently across the market.
To determine whether reasonable care was used in the design, the Court will look at several factors, including how useful the product is, how severe and likely the danger posed is, whether the danger is avoidable and the ability to eliminate the danger while maintain the utility of the product. If the Court decides the danger of a product outweighs the utility, it is defective.
A product may be defective if there was an adequate alternative design that was practical and economically feasible.
A product with a manufacturing defect has a safe design, but has been produced in such a way that it is more dangerous than it would be had the product been produced properly. A manufacturing defect may affect an entire line of products, or just the individual product that the consumer purchased.
A manufacturing defect may be because of shoddy materials used, poor methods or any other mistakes. To prove a manufacturing defect, the plaintiff, or person suing, must prove:
This is also called a "marketing defect" or "failure to warn." The manufacturer of a product has a responsibility to give adequate warning to consumers and anyone else they should know would be affected of known or reasonably foreseeable dangers.
Most defects relate to products unsafe if used in the ordinary manner. However, if the manufacturer should have foreseen a product would be used a certain way other than the intended use, it has the duty to warn of any dangers that may arise from that use.
Any product can contain a defect. However, some products have traditionally been more likely to cause injuries than others. Some of these include:
Products liability cases can involve consumer goods, office equipment, industrial equipment and any product sold. If you are hurt due to any type of defective product, whether at home or at work, you may have a case for which to seek recovery.
Governor's Office of Consumer Protection: This state agency protects consumers from unfair and deceptive practices.2 Martin Luther King Jr. Drive, Suite 356
Georgia Watch: This nonprofit organization advocates for consumers in the state.55 Marietta Street, NW
Emanuel Balams represents people who have been hurt by products they have purchased and helps them get the recovery they deserve. He is a skilled Atlanta products liability lawyer who will fight for you if you've been injured by any type of defect. Call (404) 445-2005 today to schedule a free consultation to discuss the details of your case.