No matter how you purchased a new product, you have the right to expect it will be safe to use for its intended purpose and function in accordance with its advertising. If you end up suffering physical harm because of a manufacturer’s failure to live up to either of those obligations, you may have grounds to demand financial restitution from that company for the injuries and losses you sustained.
A Cobb County defective products lawyer could be a crucial ally to have on your side when pursuing any kind of litigation governed by product liability law. These cases work a little bit differently than other types of claims, so having help from a qualified personal injury attorney who has successfully managed situations like yours might make a huge difference in your odds of a positive outcome.
Potential Grounds for a Defective Product Claim
Not every injury that involves a consumer product automatically makes the product’s manufacturer liable for civil damages. A plaintiff must be able to show that the direct cause of their injuries was a specific product defect which a reasonable manufacturer should have noticed and fixed while the product was still under their control.
With that in mind, successful product liability claims in Cobb County are generally built around one of the following:
- A defect in a product’s core design that made every version of the product inherently unsafe, and which the manufacturer could have avoided by using a different design at no or minimal additional cost;
- A defect during the manufacturing process that made a specific batch of a product unsafe to use for its intended purpose;
- A failure by the product’s manufacturer to provide sufficient warnings on or within a product’s packaging about potential hazards associated with their product’s use, often called a “marketing defect”; or
- A breach of the manufacturer’s warranty or equivalent guarantee that a product would function safely in a specific way.
A Cobb County defective products attorney could help identify what specific grounds a particular plaintiff might have for pursuing financial recovery.
Applicable Filing Deadlines in Product Liability Cases
Like all forms of personal injury litigation, product liability claims are subject to the two-year filing deadline set by Official Code of Georgia § 9-3-33. Under this statute of limitations, a person who waits longer than two years to start the litigation process after someone else’s misconduct may be time-barred from recovering any money whatsoever.
An additional rule applies to defective product claims known as the statute of repose. According to O.C.G.A. § 51-1-11, individuals who suffer injury due to a product defect cannot file suit for damages more than ten years after the date on which they first purchased the product in question. As with the statute of limitations, though, there are some rare exceptions to the statute of repose under specific circumstances. A product liability lawyer in Cobb County could explain these rules in further detail.
Get in Touch with a Cobb County Defective Products Attorney Today
Making the most of any civil claim can be a challenging situation but it is often difficult to achieve a successful resolution to a product liability claim without professional assistance. There are various rules that apply only to this specific type of case; and since the defendant is almost always a large company or corporation, the opposition you face from opposing legal counsel will be intense.
Fortunately, assistance from a Cobb County defective products lawyer could even the odds that would otherwise be stacked heavily against you. Call today to set up a consultation.