People spend their lives surrounded by manufactured products. From small appliances such as coffee makers to large automobiles, individuals use these products with the reasonable expectation that they will work safely. Unfortunately, that is not always the case. When a product is defective, it can cause great harm and injury to those who use it. In addition to physical pain, these injuries can result in high medical bills and severely affect a victim’s quality of life, sometimes for years after the accident. Fortunately, there is help available in the form of a Marietta defective products lawyer if you are hurt by a manufacturer’s unreasonably dangerous product. By filing a lawsuit with the assistance of a dedicated personal injury attorney, you may be able to recover the compensation you need to help deal with your injuries as well as the costs associated with them.
Categories of Defective Products
There are three different types of product defects that may serve as grounds for a civil case:
- Defects in design;
- Defects in manufacturing;
- Defects in marketing.
Design defects occur during the design stage of a product’s development before a single unit makes its way through an assembly line. If a product’s design is inherently dangerous or defective even if the manufacturing is completed correctly, its designer or manufacturer could face civil liability as a result.
A manufacturing defect occurs when a single product is not assembled properly and does not function correctly or safely as a result. While the design may be correct, it can still be considered defective if the product is not manufactured in accordance with that design.
Finally, defective marketing occurs primarily when the manufacturers of a product fail to warn consumers of possible dangers associated with using that product. For example, if a pharmaceutical company did not warn consumers of possible side effects associated with a medication they produced, a Marietta defective products lawyer could work to hold them liable on behalf of any consumer who became ill or severely injured as a result.
Legal Concepts in Defective Products Cases
There are a few different legal concepts that a defective products case may revolve around depending on the circumstances. The first is the traditional concept of negligence, which is what most personal injury cases revolve around. When a person acts negligently, or not in a reasonable or careful manner, they could bear civil liability for any accidents they cause as a result that lead to someone becoming injured.
In order to argue that a manufacturer was legally negligent, a defective products attorney in Marietta may attempt to prove that they did not take the reasonable steps and act with the due diligence needed to keep people safe. In a negligence-based case, a court may take into consideration the product itself as well as the behavior of those who handled the product, including the manufacturer, distributors, the retailers.
The legal concept of breach of warranty may also enter into a defective product claim. Under this concept, the manufacturer may be liable for not abiding by their product’s warranty and instead falsely claiming the plaintiff did not use their product in the manner for which it was intended. This is a common defense used by manufacturers, but experienced Marietta defective products lawyers may be able to help refute those claims.
Finally, many defective products cases can simply be filed based on the concept of strict liability. The premise of strict liability as a legal concept is that manufacturers may be liable for any injuries caused by any product that was defective when it left their care, regardless of whether they were negligent in a legal context.
Speak to a Marietta Defective Products Attorney
Georgia state law requires you to file any kind of civil lawsuit within two years of the date of the accident, or your lawsuit may be thrown out of court. A Marietta defective products lawyer could explain further legal concepts and help you structure your case accordingly, but given this deadline for your case, you may want to speak to one as soon as possible after your accident. Call today to get started on your case.