Georgia Product Liability Lawyer
Product liability is a type of law a Georgia Personal Injury Lawyer deals with that refers to the claims against any entity along the chain of manufacturing (including designers, manufacturers, distributors and retailers) of products which are defective and that may be harmful to consumers. This means that if a product is made incorrectly and that defect causes harm to the purchaser, the entities that designed, created and sold the product are liable for the damages their faulty product inflicted. Areas of Product Liability include:
There are 4 basic categories of product liability:
Negligence
The entity responsible for the defect in the product would have noticed and avoided the defect if they were more thorough. If more care was put into the safety testing and quality control, the defect would have been spotted and the injuries it caused would have been avoided, therefore the producers were negligent in the quality control of their product. It is the producer's responsibility to provide a reasonably safe product free of defects. Anything less makes them open to product liability lawsuits.
Fraud
Product liability fraud is also known as intentional misrepresentation. Under this type of claim, you accuse that the manufacturer or retailer was aware of the defect yet concealed it or ignored it. This can often be very difficult to prove.
Breach of Express or Implied Warranty
There are 2 types of warranties, one is automatic and one requires notification. Each type of warrantee applies to different types of products. Express warranties usually cover damaged products and marketing claims and implied warranties guarantee the product is suitable for the purpose for which it is sold. Both types of warranties entitle the consumer to certain guarantees of use. If the product fails to meet these guarantees, this is considered a breach of warranty and is a type of product liability.
Strict Tort Liability
In this type of claim, all you have to do is prove that there was a defect and that it directly led to an accident or injury. You do not have to prove that the defect was caused by negligence or for any other reason.
There are many areas of product liability law. Whether you are injured by a defective car or tire, a recalled product, a lawn mower or any other type of product, The Berry Law Group is here to help you get the justice you are entitled to. We can also help you with injuries from medications and defective medical equipment or wheelchairs.
Product Liability In Georgia
If a product causes harm or injury because of a flaw, weakness or error, it is considered a defective product. If you are a victim of an injury or property damage due to a defective product, you may be entitled to compensation. Product liability claims arise from 3 types of defects:
Manufacturing Error/Defect:
This is the most basic type of product liability claim. It asserts that damage or injury was caused due to the product being manufactured incorrectly or with subpar materials.Design Defect:
If the product was manufactured correctly but is still defective because the original design had flaws, this is considered a design defect.Failure to Warn or Defective Marketing:
The manufacturer needs to provide warnings, instructions, and safety labels on its product in order to thoroughly warn the consumer of any and all hazards or potential danger. If a product causes injury or damage because proper warnings were not given, this could lead to a failure to warn or deceptive marketing claim.
If you or a loved one have been injured by a product that was defectively designed, manufactured or marketed, call the Georgia Defective Product Lawyers at The Berry Law Group.