Product liability claims can be difficult to litigate. Your personal injury lawyer must prove to the court not only that the product was somehow defective, but also that you used the product in the manner in which it was intended and that you suffered injuries as a result of this reasonable usage. This is why it is essential to choose Douglasville defective product lawyers who have extensive experience litigating these types of claims. With the right legal resources and a personal injury lawyer with a track record of successful recoveries, you stand a fair chance of obtaining a favorable outcome for your case.
Consumer Protection Act (CPA)
Defective product lawyers may bring a lawsuit under the Consumer Protection Act. Alternatively, it may be brought under the common law of negligence. The CPA establishes strict liability for manufacturers, which means that it is not necessary to prove that a manufacturer was in some way negligent if it can be proven that the product was defective and that you suffered injuries as a result. Family members of individuals who have lost their lives as an alleged result of a defective product may also file a wrongful death lawsuit under the CPA.
Statute of Limitations
If you or a family member has sustained injuries because of a defective product , it is essential to contact a personal injury lawyer right away. There are deadlines that apply to filing a claim, known as statutes of limitations. Generally, the statute of limitations for a product liability claim is three years. However, if the damage from the defective product is not immediately evident, this time period may not begin right away.
There are a few allegations that may be listed in your product liability claim. Your personal injury lawyer may allege that the product is defective in design, meaning that it is inherently flawed and dangerous. For example, if you received a prosthetic knee implant that failed prematurely, your personal injury lawyer might argue that because the implant involves a metal-on-metal design, it is inherently prone to corrosion and is unreasonably dangerous. Another common allegation is that a product is defective in manufacture. For example, a problem could have occurred at the factory that produced the product. Lastly, your lawsuit may claim that the product did not carry adequate instructions or warnings, which caused your injury.