Every manufacturer that does business in Gwinnett County must sell a product that is reasonably safe when used as intended. The responsibility to build and sell safe merchandise includes maintaining a specific manufacturing process, producing products to specifications, and implementing a design that is not prone to malfunction.
If you suffered an injury from a defective product, a Gwinnett County defective products lawyer may be able to help you. A skilled personal injury attorney in Peachtree Corners could explain the requirements under state law for filing a defective product claim, work with you to gather the evidence needed to pursue the case, and advocate on your behalf for all potential compensation for your losses.
The most common way to pursue a claim following an injury due to a defective product is to allege that the company’s design process is faulty. Filing a claim over a faulty design process suggests that even if an injured person uses a product as intended, an inherent flaw in the item meant that an injury was inevitable.
Manufacturers here may be strictly liable if a plaintiff can prove all of the following conditions:
A Peachtree Corners defective products attorney could help an injured party investigate any product design defects that caused a product to malfunction.
Even if a maker of a product uses a sound design, a plaintiff may still allege liability if they can show that an error in the manufacturing process resulted in an injury. Manufacturing errors often occur when a machine used to make the product is not calibrated or a worker fails to catch an issue in quality control.
Much like cases involving design error, a plaintiff in a manufacturing defect case may allege that a maker is strictly liable for an injury. Unlike design flaw cases, however, plaintiffs’ attorneys may also rely on a theory of common negligence, meaning that the maker had a duty to warn the user of any potential hazards but failed to do so. This kind of case commonly revolves around the presence—or lack thereof—of warning labels on the item or disclaimers made in an instruction manual.
A plaintiff has only a limited time to pursue a product defect case. The general statute of limitations outlined in Official Code of Georgia §9-3-33 states that plaintiffs have two years from the date of injury to file a case for damages in court.
In addition, O.C.G.A. §51-1-11 clarifies that a case alleging a defective product is only valid within ten years of the date of manufacture of the item. As a result, an item may sit on a shelf for a number of years and absolve the maker of any liability. A defective products lawyer in Gwinnett County could help an injured individual file a legal claim promptly to avoid the possibility of dismissal under the statute of limitations.
Proving a product defect can be difficult, but a Gwinnett County defective products lawyer could help you pursue your claim effectively. A skilled attorney could work to demand compensation for your physical injuries, your lost earnings, and any lost quality of life. Call today to learn more or to schedule an initial consultation.