Product defects can be a major inconvenience, causing harm or even death in some cases. When a product does not work as intended or fails to keep users safe, finding out who is at fault can be a daunting task. In the state of Georgia, there are steps you can take to hold manufacturers accountable for product defects.
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Understanding Product Liability
Product liability is an area of law that deals with the legal recourse of individuals who have been harmed by defective products. In Georgia, there are three main types of product defects: design defects, manufacturing defects, and warning defects.
Design Defects
A design defect occurs when a product design is inherently dangerous or lacks proper safety features. A design defect may affect all products across the board making them inherently unsafe.
Manufacturing Defects
This occurs when there is a deviation or mistake during the manufacturing process. It may affect one or multiple products produced within a specific time frame.
Warning Defects
This occurs when the manufacturer fails to provide adequate instructions or warnings for the product’s intended use.
Elements of a Product Liability Claim
To hold a manufacturer responsible for a product defect in Georgia, you must establish that specific elements are present. These are:
- The product was defective.
- The defect caused harm or injury to the user.
- The injury was caused by the defect.
Bringing a Product Liability Claim in Georgia
If you want to sue a manufacturer for a product defect in Georgia, you must file a product liability claim. This can be either a personal injury or a wrongful death case, depending on the circumstances.
Time Limits
In the state of Georgia, you have two years from the date of injury or discovery of injury to file a product liability claim. This time frame is known as the statute of limitations, so it is essential to act promptly. Failure to file a claim within this timeframe may result in the denial of a claim.
Proving Liability
To prove a product liability claim, you must establish that the manufacturer was negligent in designing, manufacturing, or providing warnings for the product in question. An experienced attorney can help establish and prove all the necessary elements of a product liability claim in court.
Recovery
If a plaintiff is successful in proving their product liability claim, they may be entitled to compensation for their injuries, actual damages, medical expenses, lost wages, and disability. If the case is a wrongful death case, compensation can be awarded to the dependents of the victim.
Defenses to Product Liability Claims
Manufacturers use several defenses to avoid liability in product liability cases. These defenses include:
- Assumption of the risk – This defense claims that the consumer should have been reasonably aware of the risks associated with the product’s use and did not exercise reasonable caution.
- Misuse or alteration of the product – This defense claims that the user altered or misused the product in a way that caused their injury, and the manufacturer cannot be held responsible for such an injury.
- Statute of limitations – Manufacturers may argue that the plaintiff filed their claim too late, and therefore, the statute of limitations for the claim has expired.
Conclusion
If you or someone you know has suffered an injury due to a defective product, it is essential to explore your legal options. Knowing the types of defects, elements of a product liability claim, and the legal process to bring a claim can be the first steps towards obtaining appropriate compensation. Seeking the assistance of an experienced attorney is recommended to help navigate the complex legal system and increase the chances of success. Remember that protecting your rights and holding manufacturers accountable for their negligence is in the best interest of the public at large.