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:
- 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.
- 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.
- Labeling/Marketing defects. These are cases that arise because the product was labeled without sufficient warning or are marketed improperly. Using our ladder example, perhaps the ladder was not intended for use by anyone over 300 pounds, but the company didn’t label the product accordingly, or marketed it for use by anyone. The plaintiff, who now weighs more than 300 pounds, is injured when the ladder collapses. He would assert in his claim that the product should have been marketed differently or have a visible warning regarding the product’s limitations.
Who is Responsible?
There are a number of parties that may be responsible in a products liability case. Given the types of product defects, the plaintiff might sue the manufacturer, the product designer, or whoever designed the packaging or handled the marketing. Because these are typically corporate entities, it can be extremely difficult to identify the potential defendants. One company may have handled the product from design to distribution, while in other cases there may be multiple corporations involved. A product liability lawyer can help put together a realistic timeline and a strong product liability case.
Georgia Product Liability Lawyers
Product liability cases can be very complicated. Corporations spend millions of dollars per year avoiding product liability. The company that may be responsible for your injury will definitely be represented by an attorney, and their job will be to deny your claim or settle it for far less than it is really worth. You need someone on your side – someone who will advocate for your rights and do everything he or she can to make sure you are fairly compensated for your injuries.
If you have been injured by a dangerous or defective product, the attorneys at Slappey & Sadd are here to help. Call us at 404-255-6677 or email us to schedule a free consultation today.