Defective Products Attorney in Douglasville
Consumers spend billions annually on products they trust will perform safely and effectively. From medications to toys to electronics and much more, big brands and small family companies produce millions of products for hard-working Americans like you. If a defective consumer product causes you or a member of your family harm, you do not have to suffer silently, nor should you have to shoulder the financial burdens that a serious injury can cause.
The Douglasville defective product lawyers of Sherrod & Bernard, P.C. are here to protect your rights as a consumer. We fight to hold companies accountable when they fail to design and manufacture products that are safe for use and hurt innocent people as a result. We will fight to seek the compensation and justice that you deserve for all your losses caused by a dangerous product.
Why do so many people turn to the law firm of Sherrod & Bernard, P.C. for help? We believe that it is our reputation for being hardworking, honest, and responsive to our clients. We also know that our clients turn to us because of our commitment to the Douglasville, GA community that we’ve served for more than 25 years. We are on your side, and we fight to protect you and those you love.
If you purchased a product, used it as directed, and were injured as a result, you may be entitled to substantial compensation based on the extent of your injuries. Call us or reach out to us online to schedule a free consultation to discuss your case today.
- 1 What Do You Have to Prove in a Defective Product Claim?
- 2 Tortious Misrepresentation
- 3 Warranties and Product Liability Law
- 4 How Our Product Liability Lawyers Can Help
- 5 Compensation in a Product Liability Case
- 6 Types of Defective Product Cases We Handle
- 7 Examples of Defective Product Claims
- 8 What to Do If You’ve Been Hurt by a Dangerous or Defective Product in Douglasville
- 9 Statute of Limitations on Product Defect Cases
- 10 Hire Experienced Product Liability Lawyers in Georgia
What Do You Have to Prove in a Defective Product Claim?
Georgia laws allow product liability claims to stem from negligence or strict liability. While consumers don’t have to prove the manufacturer was at fault, they do have to prove:
- The defendant was the manufacturer of record.
- The product was defective when it left the manufacturer’s facility.
- The product’s defect was responsible for injuries sustained by a plaintiff.
In determining the above, there are theories of manufacturer liability that may determine the outcome of your civil claim. That liability will differ between claims of defective design and manufacturing flaws, according to tort law.
With defective design claims, courts will question whether the manufacturer could have implemented different designs that were safer for consumer use. If they could but failed to change the design, their negligence could result in consumers winning their claim.
In manufacturer defect claims, design is not the main factor. Manufacturers who knowingly and willingly allow products with significant problems to hit retail shelves could be held responsible for the damages the defective products cause. However, this theory must be proven for civil claims of injury based on a manufacturer’s flaw to survive.
Common defenses for product liability claims that manufacturers may use include:
- Modifications were made to the product after it left the manufacturer’s facility, thereby nullifying their warranty or responsibility to pay injury claims.
- A victim misused the product, despite having clear instructions on proper use.
If the consumer relied on misinformation in making the purchase, and the product causes injury, the consumer may take civil action to seek damages.
There are three types of tortious misrepresentation:
- Intentionally misleading the injured party by making statements that are knowingly false about products
- Failing to accurately convey or assert facts whether statements are true (negligent misrepresentation)
- A manufacturer’s public announcement regarding the safety of a product that ends up being unsafe
Warranties and Product Liability Law
Sellers may be liable under product liability law if they warrant products out of false representation. When a consumer purchases the product and the quality is substantially less than what the manufacturer or seller warranted, a breach of express warranty applies. This is civilly actionable, allowing the consumer to pursue damages.
The Uniform Commercial Code backs the consumer regarding merchantability and warranty of fitness. If products fail to conform to UCC standards, and those products were warranted to perform otherwise, consumers who are injured can pursue an action under the UCC.
How Our Product Liability Lawyers Can Help
Many injured consumers don’t know what legal action is possible when products cause them or their children serious harm. Shocked, angry, and scared, they come to Sherrod & Bernard, P.C. because we’ve proven our toughness on manufacturers. We’ve been product liability lawyers in Georgia for many years and have litigated many claims where people are needlessly injured by medications, toys, electronics, food, textiles, and other consumer products.
With our firm handling your claim, we’ll go after the company responsible for failing in their duty to have adequate quality control processes in place. We’ll question, investigate, subpoena, and do whatever is necessary to hold the manufacturer accountable. Our team will examine warranties, statements, potential misrepresentations, and the product’s efficacy, and we’ll find out if other consumers have reported injuries.
Our goal is to get you compensation for your lost wages, medical bills, pain and suffering, and, in specific cases, the wrongful death of a spouse or family member.
Compensation in a Product Liability Case
Claims where plaintiffs successfully prove manufacturer negligence may be compensated accordingly, with possible monetary awards including:
- Medical bill payments for treatments necessary for recovery, as well as any future procedures or treatments that may be necessary.
- Wage replacement, which a calculable loss based on how much work was missed or is expected to be lost and what rate of pay the injured person made before their injury. If returning to work at the same capacity is unlikely, the injured victim’s ability to earn will be weighed.
- Pain and suffering, which is a noneconomic damage payment. The discomfort, pain, and stress the victim endured are considered when the jury awards this type of compensation.
- Emotional distress, which is to compensate for other psychological damage to the victim. The jury assigns the dollar value.
If injured persons are found to be negligent in any way, their settlement could be reduced by the percentage of liability the jury assigns. For example, if the jury awards an injured consumer $100,000 with 20 percent comparative negligence, they’ll receive $80,000. Should the amount of consumer fault reach 50 percent or more, there will be no compensation awarded.
Types of Defective Product Cases We Handle
As attorneys who handle product liability litigation, we’re able to take on many cases where products injured or killed innocent consumers. Some product types include:
- Household products and appliances
- Computers, peripherals, printers, and other forms of high-tech equipment
- Children’s toys and stuffed animals
- Recreational vehicles, including ATVs, personal watercraft, boats, and scooters
- Automobile accessories, such as safety restraints, car seats, tires, and similar products
- Various medical devices, such as hip replacements, implants, pacemakers, and vaginal mesh
- Electronics, such as televisions, DVD players, game consoles, and similar products
- Pharmaceutical drugs, such as Celebrex, Vioxx, Rezulin, and others
When a product causes injury when used as instructed, those who are injured have the right to take legal action to hold the manufacturer and potentially others in the supply chain accountable for the harm they’ve suffered. In some cases, this could include the distributor and the retailer as well, depending on the circumstances.
Examples of Defective Product Claims
Our attorneys are committed to helping those who have been hurt by defective products in Douglasville and surrounding areas of Georgia. Some examples of defective product claims include:
Products with Design Defects
- Specific vehicle models that have a tendency to roll over when taking turns
- Children’s toys with small parts that can be easily ingested
Products with Manufacturing Defects
- Pharmaceutical drugs with the incorrect amount of the active ingredient
- Children’s bicycle without effective brake pads
Products with Insufficient Warnings
- Pharmaceutical drugs missing adequate warnings of potentially harmful side effects
- Corrosive cleaning chemicals without warning of safe and proper use
These are just a few examples of the many different types of product liability claims that injured consumers could potentially pursue.
What to Do If You’ve Been Hurt by a Dangerous or Defective Product in Douglasville
Steps taken after an injury can strengthen your claim and improve your chances for making the best medical recovery possible. Therefore, it’s vital that consumers follow these steps to assure their rights are preserved and evidence is safeguarded for presentation to the jury later:
- Seek immediate medical attention, not only for your wellbeing but also so there’s documented proof that you sought treatment for injuries you didn’t cause.
- Keep the items that caused your injury. Do not handle them excessively, share them with friends, post pictures on social media, or do anything that might be detrimental your claim. Put the item in a safe place in its damaged state, taking pictures of yourself and the product before moving it from the accident site.
- Document any activity before your accident, how the product was used, what happened when you used the product according to the manufacturer’s suggestion, and the events that transpired after the injury.
- Schedule your free consultation with Sherrod & Bernard, P.C. to discuss potential outcomes of your claim, learn about next steps, and request any details surrounding your injury.
Statute of Limitations on Product Defect Cases
Injured consumers should be aware of several statutes of limitations that establish a deadline for filing a claim for compensation. With all personal injury claims, including those stemming from product liability, the statute of limitations is two years. If there’s damage to personal property, the statute of limitations for filing a claim is four years.
Georgia’s rule of discovery dictates those statutes run from the time your injury happens and the time you realized or reasonably should have realized the product in question caused the injury.
Georgia’s statute of repose, which prohibits action from being taken against a manufacturer after a predetermined period, is 10 years and begins when the manufacturer releases the product on the market. Any injuries the product causes must be litigated or discovered before the 10-year time frame, or the court will refuse to hear the case.
Hire Experienced Product Liability Lawyers in Georgia
Consumers should feel confident purchasing products for consumption, enjoyment, or general use. When those products cause serious bodily injury or death, manufacturers should be held accountable. That’s when you’ll need our skilled Georgia personal injury lawyers.
The Douglasville law firm of Sherrod & Bernard, P.C. offers knowledgeable representation with commitment to seeking results for our clients. Our injury attorneys have 75 years of combined experience and have served Douglasville, GA and the surrounding areas over two decades, representing clients in product liability and other personal injury cases.
If you or someone you love was injured by a product, and that product was used according to the manufacturer’s written specifications, you may be entitled to substantial compensation. Contact our firm today by phone or online to schedule your free consultation. The statute of limitations on filing claims in Georgia is strict, so don’t delay any longer than necessary.
We charge nothing for consultations, and you don’t pay anything in product liability claims unless we win compensation for you.