Most people expect a product to serve its advertised purpose without causing injury to anyone. Unfortunately, this is not always the case. Many products are unreasonably dangerous, while others contain insufficient instructions or no instructions at all.
If you have sustained an injury from using a defective product, a well-practiced personal injury attorney could review your case and advise you on your claim. It could be possible for a Johns Creek defective products lawyer to assist you in recovering monetary compensation for your injuries from the item’s manufacturer.
Common Defective Products
Any item which is unreasonably dangerous could result in a viable defective product claim. Certain products may be more likely than others to result in a defect, such as:
- Children’s toys;
- Medicine and medical devices;
- Kitchen appliances;
- Cleaning agents;
- Industrial machinery; and
Regardless of what kind item caused a person’s damages, a Johns Creek attorney could help them pursue a defective products claim.
Who Can File a Product Liability Lawsuit?
Product liability cases in Johns Creek are governed by Official Code of Georgia Annotated §51-1-11. According to the statute, a person injured by a defective product can file a claim regardless of whether they bought the item or not.
The statute allows a person to pursue a lawsuit against the manufacturer as long as they meet four important criteria. First, the product must have been defective at the time of the injury. Second, the defect must have directly resulted in that person’s damages. Third, the product was in essentially the same condition as when it left the manufacturer’s store. This is important, as manufacturers are not liable for defects that occur when the product is in possession of a consumer. Finally, the plaintiff must demonstrate they used the product as intended. Failure to follow a product’s instructions could limit a person’s ability to seek compensation.
Time Limit to File a Suit
Like with most civil lawsuits, a person injured from the use of a defective product must file a lawsuit within two years of the injury occurring. This deadline can be extended in some circumstances, so it is best to consult with an attorney about which time-frames apply in a specific case.
The deadline to file a defective product lawsuit varies depending on when a consumer discovers their injuries. Some injuries can take months or even years to become known. For example, if improperly prepared food causes an illness that only becomes obvious years later, the standard statute of limitations may not apply.
Fortunately, a potential plaintiff generally has two years from the date they discover their injury to bring a lawsuit. At most, they would have ten years from the date of the injury to file a lawsuit, regardless of when the damages were discovered.
Reach out to a Johns Creek Defective Products Attorney Today
Due to the complex rules regarding the time limit to file a civil suit, it is likely in your best interest to move forward with a product liability claim right away. Failure to do so could be costly and time-consuming.
If you are ready to seek compensation for your injuries, a Johns Creek defective products lawyer might be able to assist in obtaining the maximum compensation available in your case. Call right away to schedule an initial case evaluation with a professional.