When people hear the words “product liability,” they assume it involves a large, class-action lawsuit. The truth is that anybody who is hurt while using a defective product can sue for damages. The best way to find out if you have a claim is to meet with a skilled Atlanta product liability lawyer.
Your Atlanta Product Liability Lawyer Can Help if You’re Hurt Using Any Product
Atlanta product liability lawyers are specially trained to handle these types of cases. Manufacturers have a duty to market safe products. If one of their products is defective and injures a consumer, they need to be held accountable.
To recover damages in a product liability case, you need to prove your case. These cases are handled differently from other personal injury cases. That’s because your Atlanta injury lawyer won’t have to prove negligence. Instead, the manufacturer will be held strictly liable for any injuries their products cause.
Your Atlanta Injury Lawyer Will Have to Show That You Used the Product as Instructed
Even though the manufacturer may be held strictly liable, you still need to prove your case. One of the most important elements of a strict liability case is that you were injured when using the product as intended.
Your injuries can be minor or quite serious. Some of the more common injuries suffered in product liability cases include the following:
- Burn injuries
- Choking injuries
- Broken bones
- Back and neck injuries
- Loss of limbs
If you’ve suffered any of these injuries, you may be entitled to significant damages.
You Also Have to Prove That You Were Injured While Using the Product
It’s not enough for your Atlanta product liability lawyer to show that you were injured. You’ll also need to demonstrate that you were using the defendant’s product when you were hurt.
It can be hard to prove this element of a strict liability case. It depends on the type of product you are using. For example, if you were driving a defective car, it won’t be hard to prove that you used the product when you were injured.
However, for other types of products, it may not be so obvious. For example, if you are taking an over-the-counter medication and develop an illness, you may need to use receipts to prove that you were taking the medicine.
The Product May Have Suffered from a Defective Design
There are times when, no matter how perfectly made a product is, it can be considered dangerous. If the product had a defective design, there is nothing the manufacturer could’ve done to make it safe.
A prime example of a defective design case is the Fiero. This was a car that was popular between 1984 and 1988. It became clear not long after the car hit the market that the Fiero was dangerous. If hit in a certain place, the car would spontaneously combust into flames.
Was the Product Manufactured Correctly?
Another type of product liability case involves a manufacturing defect. Imagine there’s a product that had a very safe design. If it had been made properly, it wouldn’t have caused any injuries.
If there is something wrong with the manufacturing of the product, you could get hurt. If this is the case, your Atlanta product liability lawyer will have to prove that there was a manufacturing defect.
One way to do this is to look to see if other consumers have been hurt while using the product. Other consumers may have filed a lawsuit against the defendant as well.
Perhaps the Manufacturer Failed to Warn About Inherent Dangers
One of the more common types of product liability cases involves a failure to warn. Some products will have certain inherent dangers no matter what the manufacturer does.
If the manufacturer is aware of certain dangers and does not warn consumers, they can be held strictly liable. An example of this sort of case would be a toy with small pieces. This can pose a choking hazard to small children.
There needs to be a clear warning on the packaging. If this is missing and your child is hurt, you may be able to sue for damages.
How Does Your Atlanta Product Liability Lawyer Prevail in a Strict Liability Case?
To prove fault in a product liability case, your Atlanta injury lawyer must prove several elements. It is different from proving negligence. With negligence, you have to show that the defendant owed you a duty of care and that they breached this duty.
In a product liability case, the burden is on the defendant.
Your Atlanta Injury Lawyer Must Show Injury
The first thing your Atlanta injury lawyer must show is that you suffered some sort of injury. This can be done by submitting a copy of your medical records.
This is why our Atlanta product liability lawyers insist that you go to the emergency room immediately after you become hurt. This is the best way to prove your injuries.
You Must Also Prove Causation
In addition to showing that you were hurt, your lawyer also needs to prove that your injuries were caused by the defective product. This is no different from proving causation in any other personal injury lawsuit.
It usually isn’t that hard to prove causation in these cases. It can get tricky in cases involving dangerous drugs or medical devices. The defendant will try to say that something other than their product caused your injuries.
Show the Product Was Dangerous and That the Defendant Had Control Over the Product
The third element your Atlanta injury lawyer must prove is that the defendant was in control of the dangerous product. For example, if you want to name the distributor or retailer in your lawsuit, you’d have to show that they somehow could have identified the danger and ensured that the product was not sold to consumers.
Your Atlanta Product Liability Lawyer Will Fight to Get You Damages
If you or your child were injured while using a defective product, you may have a claim for damages. The only way to know for sure is to meet with an experienced Atlanta injury lawyer.
Our Atlanta product liability lawyers have handled hundreds of these cases over the years. Whether the product was designed poorly or wasn’t made properly won’t matter. As long as you can prove that your injuries were caused by the defective product, you should be able to collect damages.
Of course, it is never that simple. Every case comes with its nuances. Before your Atlanta product liability lawyer does anything, they’ll need to thoroughly review your case.
Since we offer all new clients a free, initial consultation, you’ll have a chance for this to happen. Just call and schedule a date and time that works for you. Or you can do so through our website.