Marietta Product Liability Lawyer

What Is Product Liability?

“Product liability” refers to a seller or producer being held legally accountable for putting a defective product on the market and into the hands of a consumer. When a product has an unexpected danger or defect, it does not meet the normal expectations of the consumer. This typically constitutes a breach of contract and can serve as grounds for a defective product claim.

Defective product lawsuits can also be brought on grounds of strict liability, in which the liable entity is always responsible for damages caused by its products, as well as negligence, in which the injured party must prove the defendant acted negligently or wrongfully, resulting in injury.

If you were injured or if your loved one was killed by a defective product, or if you believe the accident that caused your injuries was the result of a faulty product, contact the Marietta product liability attorneys at The Roth Firm, LLC right away.

We can discuss the details of your situation and share advice regarding the best course of action during a no-cost, no-obligation consultation.

What Makes a Product Defective?

In the most basic sense, a product is defective if it does not work as intended or as advertised. This means that the product is faulty in some way or fails to work properly even with normal, accepted use.

In most cases, if a product has been altered or modified or is used in some way other than intended/advertised, a person injured by the product would not be able to bring a defective product claim against the manufacturer or another entity.

Generally speaking, products can be defective in the following ways:

• Manufacturer Defects: When a defectively manufactured product causes an injury to the consumer, the manufacturer can be held liable. Common reasons for a manufacturing defect include poor-quality materials and negligence when assembling the product. Examples of manufacturing defects include products that are incorrectly assembled/installed, products that are missing components or parts, or products that become contaminated during production.
• Design Defects: If a product is improperly designed, making it unreasonably unsafe for normal use, it has a design defect. Faulty design liability claims involve the entire line of products rather than a single product. Even if the defective product is manufactured correctly, it can still cause an injury. To have a lawsuit, the injury must have been caused by the product’s faulty design.
• Failure to Provide Adequate Instructions or Warnings: A failure-to-warn claim typically involves a dangerous product, and the danger was not made obvious to the consumer or there was not caution against the potential danger when using it. Also known as marketing or labeling defects, a product without adequate instructions or warnings might be one that is missing choking hazard labels, side effects listings, safety instructions, etc. These claims also involve products that are marketed improperly or for untested uses.

Common Types of Product Liability Lawsuits

Defective products cause many injuries every year, leaving victims to suffer physically and financially. Many large corporations care more about their profits than consumer safety, which can cause them to cut corners and put innocent consumers’ lives at risk.

Some of the most common types of product liability lawsuits involving the following defective products:

• Vehicle design
• Automobile tires
• Airbags, including defective Takata airbags
• Seatbelts
• Motor vehicle engines/parts
• Children’s toys
• Car seats
• Household appliances
• Cleaners and detergents
• Heavy machinery and equipment
• Industrial tools
• Power tools
• Food and beverages
• Medications
• Medical devices
• Electronics, such as cell phones, tablets, and personal computers
• Batteries and chargers
• E-cigarettes

Please note that this is not a complete list; there are many other everyday products, industrial tools, and other items that can be defective and may cause serious injury. If you were hurt or if your loved one died and you believe a defective product was to blame, The Roth Firm, LLC can help.

FAQs About Product Liability Claims in Georgia

How do I prove a product liability claim?

To prove a product liability claim in Georgia, you must establish that:

• The Product Was Defective: Provide evidence of the defect, such as expert testimony or product analysis.
• The Defect Caused Injury: Show a direct link between the defect and your injury or damage.
• You Used the Product as Intended: Demonstrate that you used the product in a manner that was intended or foreseeable by the manufacturer.

Who can be held liable in a product liability case?

In a product liability case, several parties may be held liable, including:

• Manufacturers: Those who design or create the product.
• Distributors: Entities that handle the product between the manufacturer and the consumer.
• Retailers: Stores or businesses that sell the product to the end user. Each party can be held liable if their role contributed to the defect or harm caused by the product.

Can I file a product liability claim if the product was used for a different purpose than intended?

In Georgia, you may still have a valid product liability claim even if the product was used for an unintended purpose, as long as the use was foreseeable. For example, if a product is marketed as safe for general use but fails during an unexpected but reasonable application, the manufacturer or seller might still be held liable if the defect was a cause of the injury or damage.

How long do I have to file a product liability claim in Georgia?

In Georgia, the statute of limitations for product liability claims is typically two years from the date of the injury or damage. This means you must file your claim within two years of discovering the defect or harm. If the claim involves a minor, the time limit might be extended. It's crucial to consult with an attorney to ensure you meet all deadlines and preserve your right to pursue compensation.

Contact Our Defective Product Liability Attorneys

When you become the victim of a defective product, it can cause physical, emotional, and financial stress. At The Roth Firm, LLC, our product liability attorneys in Marietta will dedicate their time and experience to help you fight for the compensation you deserve.

We are fully committed to each client we take on, devoting our resources and time to better achieve the results they need. We have many years of experience representing victims of defective products in Georgia. We will complete all the necessary paperwork and investigate the accident so you can focus on recovering.

We can travel to meet you at your home, at work, or in the hospital if necessary. We do not charge any upfront or out-of-pocket fees; our attorneys only get paid if you do!

Contact us online or call (404) 777-4899 today to request a free initial consultation. Hablamos español.