Defective Product Lawsuits
Product manufacturers of all types have a responsibility to design, produce, and sell products that are reasonably safe for consumer use. When these entities allow defective and dangerous products onto the market, innocent people can be seriously hurt.
If you were injured by a defective product, our product liability lawyers at The Roth Firm, LLC can help determine if you have grounds for a lawsuit. By filing a personal injury claim, you can seek compensation for your damages, including your medical expenses, pain and suffering, disability, and more. It is important that you work with a skilled legal team, as product manufacturers and other large companies will have their own teams of attorneys to represent them. Their goal is to offer you the lowest possible settlement—or deny your claim altogether.
When you work with the team at The Roth Firm, LLC, we will dedicate the time, resources, and attention your case deserves. We work hard to strengthen your case and provide powerful evidence as to why you deserve maximum compensation for your injuries and damages. Since 2006, our firm has successfully fought on behalf of injured victims and the loved ones of those wrongfully killed by defective and dangerous products throughout Georgia and the Nashville, Tennessee area.
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 product liability lawyers 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
- 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
- Medical devices
- Electronics, such as cell phones, tablets, and personal computers
- Batteries and chargers
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.
Compensation in Product Liability Lawsuits
If you were injured by a defective product, you will need the help of an attorney to prove liability. Once our attorneys at The Roth Firm, LLC accept your case, they will launch a thorough investigation into the exact details of what happened, what type of defect the product had, and who is liable. Once all the necessary evidence is gathered, your attorney will negotiate on your behalf for a fair settlement.
At The Roth Firm, we take pride in our ability to help the injured receive the compensation they deserve as quickly as possible. While we always strive for swift, favorable settlements for our clients, we also realize that this is not always possible. If the defendant refuses to offer a fair settlement, we are fully prepared to represent you at trial.
Depending on the specific details of your case, we can help you seek compensation for the following damages:
- Emergency medical care costs/hospitalization
- Surgeries and other treatments
- Rehabilitation and physical therapy
- Ongoing and future medical expenses
- Pain and suffering, including emotional anguish
- Lost wages, income, and other employment benefits
- Lost future earnings and lost earning capacity due to disability
In a successful product liability case, the injured party may be able to obtain compensation for out-of-pocket expenses that are directly related to the injury that was suffered. When seeking payment for pain and suffering, your attorney will have to negotiate for a fair amount since there is not an exact monetary value associated with pain and suffering.
Elements of a Successful Defective Product Claim
When you are injured by a defective product, there are several elements you must prove to successfully recover compensation from the liable party.
The elements that make a successful product liability lawsuit include:
- You were injured
- You suffered losses (damages)
- The product is defective
- The defect was the exact cause of the injury
- You were using the product as intended at the time of injury
Our attorneys can gather the necessary evidence to build your case and help prove all the above elements. Our goal is to maximize your recovery and help you recoup the financial resources you need to get back on your feet.
If you were hurt and meet all the requirements listed above to have grounds for a product liability lawsuit, you may be able to obtain compensation to cover all your expenses related to the injury you suffered because of a defective product.
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 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 and Tennessee. We will complete all the necessary paperwork and investigate the accident so you can focus on recovering.
Visit one of our offices in Atlanta, Fayetteville, or Marietta, Georgia or Nashville, Tennessee, or get in touch with us to schedule a free phone consultation. We can also 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!
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