Consumers expect products to be safe for use and to function as advertised. However, products are not always as safe as they should be and can cause harm when they malfunction.
If you or a loved one were injured or killed by a defective product, a Roswell defective products lawyer could help. A skilled injury attorney could listen to your story and help you understand the legal options for recovering damages.
Types of Defective Product Lawsuits
After someone is injured because of a defective product, the injured person may have the right to bring legal action. The law is designed to restore the injured person to the quality of life they enjoyed before the accident. While this may not be possible for a plaintiff who suffers lasting injuries, the law allows for financial recovery that tries to make up for the pain and suffering they experienced. There are three main legal theories used in Roswell product liability cases.
Failure to Warn
Many products require user caution, such as certain electrical appliances. However, the manufacturer is required to alert users to product risks. The user manual for any product with such dangers is full of precautions users should acknowledge.
Failure to warn means that the product manufacturer has not disclosed or warned of product hazards adequately. Specifically, they failed to make users aware of risks or dangers that the average user would not likely suspect.
A defective design case centers on the idea that, even though the manufacturer produced the item correctly, its design makes it inherently hazardous. This means that any product following this design may be considered dangerous.
Defect in Manufacturing
In a manufacturing defect case, even though safely designed, an issue arose in the manufacturing process that makes the product unsafe. When this occurs, the entire batch of a product may be dangerous.
Time Limit to Bring a Case in Roswell
The statute of limitations, or time limit for filing a Roswell defective products lawsuit, is two years from the date a person was injured. If a plaintiff fails to file a lawsuit within the given time, they may lose their right to legal recourse.
Georgia has an additional rule governing product liability lawsuits. If the item was initially purchased more than ten years before the accident, the plaintiff may not be able to bring a case alleging product liability. This rule, too, is subject to certain exceptions for disease or birth defects or other types of egregious conduct on the part of the manufacturer.
Contact a Roswell Defective Products Attorney Today
After you or a loved one is hurt because of a defective product, you may be wondering how to navigate the legal system to pursue your claim. Knowing which legal theory best fits your case can be difficult without the assistance of counsel. An experienced lawyer could investigate, strategize, and help you file an insurance claim or lawsuit against the wrongful party. Schedule a consultation with a Roswell defective products lawyer today to explore your options.