When someone purchases any type of product, they generally expect it to work the way it is advertised, as long as it is used correctly. Consumers typically trust the seller or manufacturer and often assume that the product was thoroughly tested and determined safe. However, consumer trust is often misplaced as there are many products that fail to work properly and frequently result in significant injury and property damage. If you were injured by a defective product, contact an Alpharetta defective products lawyer.
A knowledgeable injury attorney could help fight for compensation. Unexpected medical bills and property damage may quickly take a toll on a person’s financial standing. Seeking financial compensation could strongly improve someone’s ability to recover more efficiently and without concern over unstable finances. Arrange an appointment to discuss potential legal options today.
Basics of Product Liability
Product liability cases often hinge on the cause of the defect in a product. These may include manufacturing defects, design defects, and warning defects. A manufacturing defect commonly refers to when a manufacturer fails to make a product according to its intended design. Design defects are typically when the product is unreasonably dangerous or that an alternative or feasible design change could have eliminated the danger. A warning defect is when the manufacturer or distributor may be liable for either failing to warn or providing inadequate warnings or instructions for the use of a product.
Under the law, a person can not generally file a product liability suit without showing that the product caused their injuries. In other words, if damage only occurs to the product itself, then there is typically no personal injury claim despite how extensive or expensive the resulting property damage. However, there are many instances where a defective product may result in serious physical injuries, some of which may include:
- Severe burns
- Traumatic brain injury
- Loss of limbs, fingers, or toes
- Loss of vision
If a person dies as a result of a defective product a family member may be able to file a wrongful death suit. Reach out to a credible Alpharetta defective products lawyer to discuss potential legal options that may be effective in court.
Under the Georgia Code, O.G.G.A. § 9-3-33, an individual generally has two years from the date of the injury in which to file a defective product lawsuit. If the damage was to property only (“personalty”) and not a person resulting in bodily injury, the statute of limitations may increase to four years pursuant to O.G.G.A. § 9-3-31. However, under Alpharetta’s discovery rule, the time limitation may begin when the person discovers (or should have discovered) the injury. Of course in some defective products cases, a person may not immediately realize a product caused their injury, such as when an individual receives a medical device implant yet the resulting injury does not immediately appear. In a more straightforward situation, such as a product catching fire or exploding and causing injury, the date of injury triggers the time period for the statute of limitations.
Even though two years seems like a sufficient amount of time, keep in mind that a settlement recovery from a defective product case may take considerable time. The longer someone waits to file a claim, the more cumbersome evidentiary mattes can get, such as lost or destroyed documentation or witnesses unavailability.
Damage Limits in Alpharetta
If a person is injured by a defective product, that does not necessarily mean they will receive damages. They must be less than 50 percent at fault to receive a damage award, under the Alpharetta’s modified comparative negligence law. In a defective products case, that means the defendant must typically be able to show that the plaintiff used the product incorrectly and in doing so was more than 50 percent responsible for the subsequent injury.
Even if a person is considered less than 50 percent at fault, any damage award may be reduced by the percentage of fault apportioned. For example, if someone is 20 percent at fault, a $100,000 damage award may be reduced to $80,000. That is why it is important to work with an Alpharetta defective products lawyer who could work to determine all liable parties.
Contacting an Alpharetta Defective Products Attorney
When someone files a defective product lawsuit, they will often face a large corporate defendant with deep-pockets in court. Winning a case may require significant research and expert testimony, which often hinges on key engineering and scientific concepts. An accomplished Alpharetta defective products attorney could help a person file for fair compensation and hold negligent parties accountable.