Unlike product liability cases involving manufacturing defects that are often limited to isolated incidents, product liability issues stemming from design defects can result in multiple consumer injuries. For this reason, it can often be critical for courts to take appropriate action to prevent additional injuries and provide compensation for victims.
Proving that a product has been defectively designed can be an extraordinarily difficult process because a plaintiff will need to demonstrate that a product is inherently unsafe even when appropriately manufactured. Defectively designed products can make the manufacturers or other responsible parties liable for damages to victims harmed by the defective products.
Attorney for Design Defects in Atlanta, GA
If you sustained serious injuries or your loved one was killed by a defectively designed product in Georgia, it is in your best interest to immediately seek legal representation. The Balams Firm handles product liability cases in East Point, Decatur, Milton, Forest Park, Smyrna, Johns Creek, Riverdale, Norcross, Alpharetta, Roswell, College Park, Dunwoody, Sandy Springs, Duluth, Lawrenceville, Marietta, and many other surrounding areas.
ReShea Balams is an experienced personal injury lawyer in Atlanta who can conduct a thorough investigation and fight to help you obtain the compensation you need and deserve for medical bills, lost wages, and other damages. You can have our attorney review your case and discuss all of your legal options when you call (404) 445-2005 to set up a free, no-obligation consultation.
Georgia Design Defects Information Center
- What does a plaintiff need to prove in a design defect case?
- What are some typical examples of design defects?
- Where can I learn more about design defects in Atlanta?
Restatement (Third) of Torts: Products Liability provides that “a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the alternative design renders the product not reasonably safe.” The plaintiff in products liability cases involving defective designs will need to prove:
- The product was manufactured as designed;
- The product was used as intended when it caused an injury;
- The injury was caused by a defect in the design that renders the product unsafe for expected use;
- An alternative design would have allowed the product to be used as intended without the risk of injury; and
- The alternative design could have been incorporated at a reasonable cost.
The Restatement also provides a non-exhaustive list of factors to be considered when determining whether proposed alternative designs would ultimately benefit products, including magnitude of foreseeable risk, nature and strength of consumer expectations, effects of alternative design on cost of production, effects of alternative design in product function, advantages and disadvantages of the proposed safety features, effects on product longevity, maintenance and repair, aesthetics, and marketability.
Anyone of a number of different consumer products can be defectively designed. The nature of the injuries that victims can suffer in these cases can also depend on numerous factors, including the types of product used, the circumstances the product was used under, and the age of the victim.
Simply put, any product that is used as its instructions indicate it should be used and results in a person sustaining some injury may have been defectively designed. Examples of possible design defects include, but are not limited to:
- Cell phones catching on fire or exploding;
- Vehicles more prone to rollover accidents;
- Power tools lacking safety guards;
- Unstable buildings or other structures;
- Children’s toys with choking hazards;
- Children’s toys with sharp edges; or
- Flammable products.
Recall List | CPSC.gov — CPSC stands for the United States Consumer Product Safety Commission, the agency charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of types of consumer products under the agency’s jurisdiction. On this section of the CPSC website, you can view a list of recent recalls. Entries include descriptions of products, the number of units being recalled, and remedies for consumers. You can also use this website to report an unsafe product.
Twerski, Aaron and Henderson, James A. Jr., “Manufacturer’s Liability for Defective Product Designs: The Triumph of Risk-Utility” (2009). Cornell Law Faculty Publications — View the full text of an article celebrating the 10th anniversary of the publication of the Restatement of (Third) Torts: Products Liability. The authors examine the treatment of design defect in the Restatement, writing about recognizing a fault-based standard for defective design and protecting against category liability. The paper also touches on risk-utility balancing, the two-prong test for defect, and pure consumer expectation states.
Find a Design Defects Attorney in Atlanta, GA
Did you suffer severe injuries or was your loved one killed as the result of using a defectively designed product in Georgia? You will want to contact The Balams Firm as soon as possible.
Atlanta personal injury attorney ReShea Balams helps victims in communities all over Clayton County, DeKalb County, Cobb County, Fulton County, and Gwinnett County.
Call (404) 445-2005 or fill out an online contact form to have our lawyer provide a complete evaluation of your case during a free initial consultation.