If you have been injured by a product that didn’t work the way it was supposed to, you likely want to hold the manufacturer accountable. Such a legal battle may seem daunting, but don’t worry; The Musgrove Trial Firm is here to help. The defective product lawyers at our Norcross, GA law firm are experienced in personal injury law. Our team is dedicated to helping Metro Atlanta residents who have sustained injuries from a defective product receive the justice and compensation they deserve. Learn more about defective products below, or contact The Musgrove Trial Firm, a leading defective product law firm in Norcross, GA, about your case. Just fill out our online contact form or call (678) 226-1994.
What Is a Defective Product?
A defective product is any product that malfunctions while being used for its intended purpose. In general, three types of product defects lead to lawsuits in Georgia:
Design Defects
Product designers made a judgment error that resulted in an unsafe design.
Manufacturing Defects
Nothing is wrong with the product’s design, but a mistake during production made it dangerous.
Warning Defects
The manufacturer didn’t include adequate warning labels or instructions to prevent foreseeable harm.
Requirements for a Defective Product Case in Georgia
In order to win a defective product lawsuit, you will have to prove four main elements:
- The product had a defect at the time of the injury.
- The defect caused the injury or death.
- The product was the same condition as it was when it left the manufacturer.
- You used the product as the manufacturer intended.
It’s important to know that you can file a claim on behalf of a loved one, especially in the case of death. Also, you don’t have to prove that the injured person purchased the product (known as privity). You can still sue the manufacturer if the injured person used a borrowed product, as long as the four conditions above still apply.
Who to Sue in a Defective Product Case
The type of defect determines the responsible party in a defective product case. It may be the manufacturer of the entire product, the manufacturer of a single component or ingredient, the company that assembles or installs the product, the wholesaler, the retailer, or the advertiser of the product—or even a combination. You can take legal action against any and all parties responsible for your injury. The defective product lawyers at The Musgrove Trial Firm will review the details of your case and determine who is at fault.
How Much You May Be Entitled to for a Defective Product Injury
According to Georgia product liability law, you can recover damages as long as you were less than 50 percent at fault for your injury, but they’ll be reduced in proportion to the degree to which you were to blame. For example, a $100,000 award will be reduced by $40,000 if you were 40 percent at fault. These damages fall across three categories: economic (including medical costs and lost wages), non-economic (such as pain and suffering), and punitive damages for the responsible party. There’s no limit on punitive damages in Georgia, but the state does collect 75 percent of punitive damages awarded in product liability cases.
Contact the Leading Defective Product Lawyers in Nocross, Georgia
If you or a loved one sustained an injury from a defective product in Metro Atlanta, The Musgrove Trial Firm in Norcross, GA wants to help. Our personal injury lawyers will handle your case with dedication and expertise. Schedule a free consultation with us today.