Consumers who make retail purchases do not—and reasonably should not—expect those products to not work, work inappropriately, or cause them loss or personal injury. Unfortunately, there are products available in the marketplace today that fit all these criteria.
In Fulton County, as well as in the rest of Georgia, product manufacturers have a duty to prohibit unmerchantable products from entering the public space. When a product malfunctions and causes injury or loss as a result, the injured party may bring a claim against the manufacturer for compensation.
Questions surrounding how to hold a product manufacturer liable for damages suffered as a result of their defective product could be directed to a Fulton County defective products lawyer. If retained, a dedicated personal injury attorney could investigate the manufacturer of the product that injured you and also work to hold them accountable in civil court.
Do Product Sellers Have a Duty to Protect?
The seller of a product does not owe any kind of duty to the consumer of a product. In fact, pursuant to Official Code of Georgia §51-1-11.1, any entity who simply sells a product is not liable for any injuries that defective product may cause.
It is important to make this distinction when filing a complaint, in order to ensure that only the manufacturer of the product—and not the seller of the product—is made a defendant in any civil action. A Fulton County defective product attorney could help determine to whom these respective titles apply in a particular civil case.
Demonstrating Duty and Breach of Duty
Any injured consumer seeking restitution from a product manufacturer must demonstrate that the manufacturer of the defective product owed them a duty, that the duty was subsequently violated, and that their losses were a direct result of the product’s defect. Under O.C.G.A. §51-1-11, all manufacturers have a duty of care to any consumer who uses or ingests their product, or a consumer who could have reasonably been impacted by it.
How Does a Consumer Show a Breach of Duty Occurred?
After demonstrating the existence of a duty, the consumer must state how that duty was violated by the manufacturer. This could be done by alleging that the defective product was not suited for its intended purposes and was thus unmerchantable. It should be noted, though, that the burden of proof when establishing unmerchantability falls on the plaintiff in such a scenario.
Time for Filing a Defective Product Claim
A civil claim based on a defective product must be filed within the statute of limitations for such claims. Claims for losses following a defective product are a type of civil tort claim. In Georgia, the statute of limitations for these claims is 10 years from the day the defective product was purchased either for use or consumption. Unless a claim is properly filed against a defective product manufacturer within that period, the consumer in question may be prohibited from recovery. A knowledgeable Fulton County defective products lawyer could help someone file a viable claim within the statute of limitations.
Speaking to a Fulton County Defective Products Attorney
Any losses, damages, or injuries suffered in Fulton County as the result of a defective product may be compensable under Georgia state law. Retaining counsel could be beneficial in navigating the particular burdens of proof required to hold a manufacturer culpable for their defective product.
A Fulton County defective products lawyer could discuss your particular claim and the types of evidence needed to bring a proper claim under the law. Call today to set up a consultation.