Marietta Product Liability Lawyer
Consumers use different products in all aspects of their lives. With this in mind, manufacturers are expected to make their products safe for all users. When an injury occurs due to a dangerous product, a Marietta product liability lawyer may be able to help you hold the manufacturer of that product, and any other party, responsible for damages.
If you or a loved one suffered an injury due to a hazardous product, an experienced personal injury attorney may be able to assist you from filing a product liability claim to proving your case in court. It is best to speak to an attorney to learn about your rights and the compensation you may be eligible to recover.
Manufacturers’ Duty of Care
Product manufacturers, as well as designers, suppliers, and distributors of products, are required to create products that are safe for consumer use. Manufacturers may not be held responsible for damages if the consumer uses a product in an unintended manner. They may only be responsible for injuries that result from using products in its intended manner.
The product must be free of defects or dangerous characteristics and labeled with adequate warnings of any potential harms that the products might cause.
When manufacturers fail to warn consumers to any potential dangers, they may be liable for the injuries a consumer sustains as a result of using the products. A dedicated Marietta product liability attorney may be able to help injured consumers get compensation for their losses related to usage of a dangerous or defective product.
Common Types of Product Defects
Injured consumers may also be able to seek legal action based on three different scenarios that could cause a product to be defective:
- Design defects, which involve a flaw in a product design that makes it inherently dangerous;
- Manufacturing defects, which occur when manufacturers do not assemble or produce a product in the correct manner, thus creating a dangerous defect; or
- Failure to warn, which could occur when a manufacturer fails to take adequate measures to warn consumers of the potential for injuries from using the product in its intended manner.
Regardless of the circumstances that led to the creation of a dangerous product, consumers who suffer injuries may be entitled to seek compensation. A knowledgeable product liability attorney in Marietta may be able to evaluate the claim and determine whether the case has legal merit.
Proving Negligence in Marietta
Most personal injury claims are based on the legal theory of negligence. The burden of proof falls on the injured individual’s attorney. The victim’s attorney needs to prove:
- The product was dangerous or defective in some way;
- Usage of the product as directed caused injuries;
- The product was substantially in the same condition as it was when it left the manufacturer; and
- The injury victim used the product in a reasonably foreseeable manner.
Product liability claims could be difficult to prove in some cases without legal counsel. An experienced Marietta products liability attorney may be able to help injury victims gather evidence and prove negligence in court.
Deadlines for a Product Liability Claim
Pursuant to OCGA § 9-3-33, victims injured by defective products have a limited amount of time to pursue a personal injury claim. The statute of limitations to file a claim is two years following the date of the accident.
However, if the victim did not discover his or her injuries within the two-year time frame, they have a maximum of ten years in which to bring their claims forward. If the manufacturer fails to warn consumers of any foreseeable dangers, there is no statute of limitations. Claims for product defects that cause only property damages are subject to a four-year statute of limitations.
Let a Marietta Product Liability Attorney Assist You
Product liability claims may allow you to hold product manufacturers accountable for their wrongful actions when they produce dangerous or defective products. If you suffered a serious injury due to a hazardous product, you may be entitled to recover compensation.
Product liability cases require proper investigation and technical knowledge in order to prove negligence in court. An experienced Marietta product liability lawyer may be able to help assess your situation and determine if you have a valid legal claim. Call today to schedule a consultation.
