Articles Posted in Product Liability

who-can-bring-a-product-liability-lawsuit-300x200The idea of responsibility for product defects is not new. As far back as 2200 BCE, the Messopotamians established the Code of Hammurabi – a system that helped people who were injured from a defective product.

Since that time, three major phases have evolved in modern product liability law. These phases involved the omission of caveat emptor, an erosion of the doctrine of privity, and the emergence of strict tort product liability claims in lawsuits.

Caveat Emptor

a modern kitchenIn modern society, we all use consumer products every day without thinking twice. From the toothbrush you use in the morning to the device you are reading this on, products designed, manufactured, and sold by other parties are an inescapable part of our daily lives. Unfortunately, when these products turn out to be defective, they can cause serious injuries. If you have been hurt by a consumer product, call our office today to discuss your case with a product liability attorney in Atlanta.

What to Do after an Injury Caused by a Consumer Product?

When defective consumer products injure innocent victims, they are often entitled to compensation under Georgia law. That said, the things that victims do in the days and weeks after an accident can have an effect on the outcome of their cases. Below are some of the steps you should take to protect your rights.

A person vapingThe CDC has recently released a report stating that they are investigating 530 cases of lung injuries that are believed to be related to the use of e-cigarettes. More locally, the Georgia Department of Public Health is also investigating some severe respiratory illnesses that are believed to vaping-related. Local governments are restricting the sale of vaping products, as questions have arisen over whether or not these products are truly safe. 

The  products liability attorneys at Slappey & Sadd have been watching these cases closely. If you’ve suffered an illness or an injury related to the use of e-cigarettes or other vaping products, we can evaluate your case and help you understand your options. Call us at 888-474-9616 or send us an email to schedule a free consultation and case evaluation. 

Severe Lung Illnesses and Injuries

A stack of heartburn medicationThe FDA recently announced that the popular heartburn medicine Zantac contains low levels of a chemical referred to as NDMA. NDMA is classified as a probable human carcinogen by the EPA, meaning that it could cause cancer. To be clear, NDMA was found in other heartburn drugs that contain ranitidine, not just Zantac. While Zantac’s manufacturer has not halted sales in the US, it has stopped shipping the drug and has issued a recall in India and Hong Kong. While the FDA has not issued a recall, this issue comes on the heels of its recall for the popular blood pressure drug, valsartan.   

When pharmaceutical companies sell dangerous drugs, the product liability attorneys at Slappey & Sadd believe that people injured by those drugs are entitled to compensation. With decades of experience, we have the knowledge and legal skills you need to fight for your rights and hold those companies accountable. If you’re suffering from an illness due to dangerous drugs, call us at 888-474-9616 or reach out online to schedule a free consultation and case evaluation. 

The Basics of Product Liability Cases

Weeds in a person's handsRoundup is the most commonly used weed killer in the world. You can find it for sale just about anywhere, and it’s used by everyone from homeowners trying to manage the weeds in their gardens to farmers using it on their fields. Recent litigation across the country, however, has raised serious concerns about the safety of this widely-used product.

The attorneys at Slappey & Sadd help people in Atlanta and across the state of Georgia who have been injured by dangerous products. We offer free consultations to discuss your case and how we can help you. If you’ve been injured or are suffering from serious health problems as a result of a dangerous product, call us today at 888-474-9616 or contact us online.

A Troubling Report

Shelves in a storeWhen you go to the store and buy merchandise, the last thing you expect is that the product you purchased will malfunction and injure you in the process. That, unfortunately, is sometimes what happens. When defective products malfunction, consumers can suffer severe head injuries, eye injuries, scratches and cuts, broken bones, and soft tissue injuries.

If you have been injured by a defective product that you purchased, you might be able to pursue a legal cause of action against the product manufacturer and anyone else who is in the chain of product distribution. At Slappey & Sadd, LLC, our litigators have been representing individuals injured by defective products for many years. Our lawyers handle defective product cases all over the State of Georgia, in areas like Fulton County, DeKalb County, Gwinnett County, Muscogee County, Newton County, Richmond County, Troup County, Walton County, and Whitfield County. Let our knowledgeable legal team help you bring a product liability claim today.

How are Products Defective?

Many A man with a suit hold a piece of paper that says "lawsuit"people think of personal injury attorneys purely in terms of car accident cases. The truth is that a personal injury attorney can help you in any situation where you have been injured through someone else’s fault. Serious injuries can have life-altering consequences. An experienced personal injury attorney can help you protect your future by seeking fair compensation for your injuries and other losses.

Unintentional Torts: Cases Involving Negligence

Personal injury attorneys handle tort cases – cases that involve an action or failure to act that resulted in harm to another person. Tort cases are civil cases, which means that the plaintiff is seeking a money judgment in order to receive compensation for their losses and injuries.

A blood pressure monitor, pill case, and medications on a tableEarlier this month, Mylan Pharmaceuticals announced a recall of three blood pressure medications that were found to contain small amounts of a substance believed to cause cancer. The drugs all include a medication called “valsartan” which has been the subject of an ongoing FDA investigation. Mylan, a generic drug company, recalled three medications it has sold: valsartan tablets, and two other tablets that combine valsartan with amlodipine and hydrochlorothiazide. Mylan’s recall is the latest in a series of recalls that began in July.  

FDA Investigation

On December 11th, the FDA stated in a press release that it had sent a warning letter to the Chinese manufacturer of valsartan, ZHP, informing them that they are subject to an ongoing investigation due to customer complaints from 2016 and June of 2018. The FDA noted in its letter that batches of valsartan from their facility contained an ingredient that is internationally categorized as a probable carcinogen. The FDA went on to state that ZHP has failed to address and resolve these concerns, and thus concluded that the issue reveals “a disturbing lack of oversight” in ZHP’s manufacturing processes.  

A judge;s gavel sitting on $100 billsYou may not hear them every day, but injuries due to defective products can be very serious. Burns, electrocution, deep cuts, and other injuries can require hospitalization, time off of work, and other losses. Products designed for children can present additional dangers such as choking hazards. If you’ve been injured as a result of a defective product, this post will outline what you will need to prove in order to prevail on your personal injury claim.  

The Four Elements of a Products Liability Claim

Georgia law lays out the structure you have to work with if you’ve been injured by a defective product. In order to prevail on your claim, you will need to prove each of the following elements (or components) of your claim:  

A faulty product can lead to a serious injury. This type of claim is called a “product liability” case. These cases are often difficult to prove, which is why it is always advisable to speak with an attorney who has extensive experience and a solid track record when it comes to product liability cases. Product liability cases tend to fall into one of three categories:

  1. Design defects. In a design defect case, the plaintiff is claiming that the very design of the product caused the product to be dangerous or defective and therefore led to the plaintiff’s injury. For example, let’s say an aluminum ladder is designed to be lightweight but without sufficient support for someone over 200lbs. The plaintiff, a 250-pound male, uses the ladder when it collapses and causes serious injury.  When he sues, later on, the plaintiff would allege that the lightweight design was defective and caused his injury.
  2. Manufacturing defects. In these cases, the plaintiff claims that the product was poorly or improperly manufactured and thereby lead to the plaintiff’s injuries. Using the example from above, perhaps the ladder’s design was perfectly adequate, but the manufacturer built the ladders without some critical support pieces. The failure to properly manufacture the ladder is the culprit for the plaintiff’s injury.  
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