When consumers purchase a product, they expect it to be safe and free from defects. Unfortunately, defective products can and do make their way onto store shelves and into our homes, sometimes causing serious injury or even death. When this happens, it may be possible to file a lawsuit to seek compensation for the harm caused. If you live in Georgia and have been injured by a defective product, it’s important to understand the types of defects that can lead to a lawsuit.
Design defects occur when a product is inherently dangerous due to a flaw in its design. This means that the product is unreasonably dangerous even if it is manufactured and used as intended. For example, a ladder with rungs that are too far apart may be designed defectively because it is more likely to tip over and cause injury.
Manufacturing defects occur during the production process and may not affect all of the products in a particular line. For example, a batch of medicine may be contaminated during production, making it unsafe for consumers to use.
Marketing defects occur when a manufacturer fails to provide adequate warnings or instructions for using a product safely. For example, if a lawnmower manufacturer fails to include a warning about the danger of using the machine on hillsides, and someone is injured as a result, this may be considered a marketing defect.
Failure to warn
Failure to warn refers specifically to situations where a product is inherently dangerous, but the manufacturer fails to provide adequate warnings about the risks associated with using the product. For example, if a medication has a known risk of causing heart attacks, but the manufacturer fails to warn consumers of this risk, the manufacturer may be liable for any harm caused.
Breach of warranty
When a manufacturer makes a promise or guarantees about a product, this is known as a warranty. If the product fails to live up to the promises made in the warranty, the manufacturer may be liable for any harm caused. For example, if a car manufacturer promises that a car is safe to drive at high speeds, but the car is prone to flipping over when driven at high speeds, the manufacturer may be liable for any injuries caused by this defect.
Defective warnings or labeling
Defective warnings or labeling occur when a product does not contain clear, concise, and understandable warning labels or instructions. This is particularly dangerous when it comes to products that may pose a risk of harm if not used properly, such as cleaning chemicals or power tools. For example, if a household cleaner doesn’t warn about the dangers of mixing it with other chemicals, and a user is injured as a result of the resulting fumes, this could be considered a defective warning.
Defective packaging can also be a source of danger. Packaging can be defective if it is not strong enough to protect the product or if it is designed in a way that makes it difficult to use or store safely. For example, if a child’s toy is packaged in a way that makes it easy for the child to access small parts that could be a choking hazard, this could be considered a defective packaging.
When a manufacturer does not conduct adequate testing of their product before putting it on the market, they may be liable for any harm caused by the product. This could include failing to test a product for safety or failing to conduct testing on all aspects of the product. For example, if a new medication is not tested on patients with certain pre-existing medical conditions, and it causes harm to those patients, the manufacturer could be held responsible.
If you have been injured by a defective product in Georgia, it’s important to seek legal representation as soon as possible. A skilled personal injury attorney can help you determine who may be liable for your injuries and can help you pursue the compensation you need to cover your medical expenses, lost wages, and other damages.
The Keenan Law Firm is a personal injury law firm that has been representing clients in Georgia for over 30 years. Our attorneys have extensive experience handling cases involving product defects and have helped numerous clients recover compensation for injuries caused by defective products.
When you work with the Keenan Law Firm, we will start by conducting a thorough investigation of your case. We will review all of the available evidence, including medical records, product manuals, and any other relevant documents. We will also consult with experts in various fields, such as engineering or medicine, to help us understand the cause of your injuries and the impact they will have on your life.
Once we have a clear understanding of your case, we will develop a strategy for pursuing compensation. This may involve filing a lawsuit against the manufacturer or distributor of the defective product or negotiating a settlement with their insurance company.
Throughout the process, our attorneys will keep you informed and involved in every step of the legal process. We will answer any questions you have and provide you with regular updates on the progress of your case.
If you have been injured by a defective product in Georgia, you need an experienced attorney on your side. Contact the Keenan Law Firm today to schedule a free consultation and learn more about how we can help you pursue the compensation you deserve.