Every day we rely on various products to make our lives and work easier. From the coffee machine to your car and your laptop, all the products you buy come with an implicit warranty: that they are safe to use. However, many people are injured by a defective product on a daily basis.
As an experienced Union City product liability attorney knows, these injuries range from minor to critical. Some of our clients who were injured by defective products suffered severe burns and needed a lot of expensive medical treatments. Of course, the producers, sellers, and other people involved in the supply chain are liable to pay for all the economic and non-economic damages.
But, in many cases, we are talking about large multinational corporations with an army of lawyers and insurance adjusters at their service. What can you, an individual, do to pursue justice? You will need a skilled lawyer, who is not afraid to take big brand names to the court.
Georgia Laws Are Clear on the Matter: Manufacturers Are Liable for Defective Products
The Official Code of Georgia 51-1-11 deals with the product liability tort. The legal text makes manufacturers liable for injuries suffered by consumers due to a defective product. Moreover, the law says that the consumer does not have to produce proof of purchase in order to have a case.
Why is this important? Here is the reason: if you were injured by a defective product and try to pursue your case on your own, an insurance adjuster may ask for proof of purchase among other documents. It is absurd to think that you do not have a right to recover damages because you were hurt by a defective product at work or at a friend’s house.
Secondly, most of us do not keep receipts beyond the warranty period of each item we buy. Every year, people declutter their homes and throw away old papers. This does not mean that they should be barred from seeking damages if they were injured by a defective product that is no longer under warranty.
Why You Should Not Pursue a Product Liability Case without an Experienced Lawyer?
Americans are a great nation because we are not afraid to work hard and learn new things. We are a nation of DIYers, one may say. However, as a Union City product liability attorney knows, there are times when it is best to leave work to the specialists.
One of these cases is when you were injured by a defective product. You may read articles telling you that you don’t have to prove a duty of care, and this simplifies matters. The first part of the statement is true. The second isn’t. Remember, you are not dealing with a mom-and-pop shop, but with a company worth hundreds of millions of dollars.
They will do anything to protect their brand name. And this includes trying to persuade you that you don’t stand a chance of winning the case against them. This is just one of the many challenges you have to face.
Choosing the Right Legal Argument
When you file a product liability claim, you must base it on a specific type of tort. This is the foundation of the arguments you will present in order to prove your claim.
Any person who was injured by a defective product can claim one of the following arguments.
- Negligence – the producer failed in their implicit duty of care of designing and manufacturing safe products.
- Breach of warranty – The injury happened because the product failed to fulfill the warranty given as to its performance.
- Misrepresentation – the producer gave consumers a false sense of security concerning the use of its products.
- Strict liability – the defect of the product makes it so dangerous to use, that its producer is liable for your injuries, irrespective of their fault for the defect.
An experienced Union City products liability attorney will understand very quickly what type of argument they can use after examining your case. This will guarantee a successful result at the end of the case.
Identifying All the Liable Parties
As mentioned earlier in this article, several business entities are liable if you were injured by a defective product. The producer is the first and most obvious liable party. But a lawyer can also name:
- The importer
- The distributor
- The dealership
- The seller.
Since many products we use are manufactured abroad, it would be nearly impossible to make a legal claim against the producer. However, the importer or distributor is fully liable for the products they put on the US market for sale to consumers.
Proving You Suffered Injuries Due to the Respective Product
In most cases, the last thing on your mind after being injured by a defective product is taking pictures of your injuries. You go straight to the ER to get treatment. So, what kind of evidence do you produce to support your claim?
An experienced lawyer knows how to build a case, even in difficult situations. For instance:
- They can find similar cases of people injured by the same kind of product
- They can hire independent experts to examine your defective product
- They can find medical experts to indicate the likely cause of your injuries.
Moreover, the Union City product liability attorney knows exactly how much you need to prove – just a preponderance of the evidence, not beyond any reasonable doubt.
Choosing the Best Type of Legal Action to Maximize Chances of Success
Sometimes, a single product is defective and you had the bad luck of purchasing it. However, in many cases, products have an inherent design defect. This makes all the products manufactured following that design dangerous to use.
In this case, there are many people injured by a defective product – the same type of product. Instead of filing individual lawsuits, they file a class action lawsuit. This legal action involves a single plaintiff who represents the totality of injured people.
An experienced lawyer will find out if there is a class action lawsuit you may join and recommend you to do so. These legal actions are less expensive and guarantee that each plaintiff receives their damages.
Filing individually may expose you to the risk that the defendant no longer has any money or assets to pay for all your economic and non-economic damages, after paying other court judgments against them.
An Experienced Union City Product Liability Lawyer Will Find the Best Solution!
When you come for a free case review with Gilbert Sperling, III, P.C., you know that you will get a reliable legal opinion. This opinion is based on a profound knowledge of the law and on years of experience. Your rights will be defended by a determined Union City product liability attorney, who fights for every client and does not shy from taking big companies to court.
Schedule a free case review with us and let us help you get justice for your injuries!
