Atlanta Injury Lawyer Blog

Articles Posted in Product Liability

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safety-glasses-263365-mThe plaintiff was diagnosed with silicosis in a recent case. He had been exposed to silica sand for about 11 years as a sandblaster. His lungs were so damaged he needed double lung transplant. He sued the companies that manufactured or supplied the safety equipment he had used while sandblasting. He alleged strict liability for defective design of the equipment and negligent failure to warn.

The trial court granted the defendants’ motions for summary judgment, concluding his claims against two of the companies failed because he failed to show that they proximately caused his injuries. The plaintiff had not shown how much exposure he experienced while using their equipment. The court also granted all of the defendants’ summary judgment on the failure to warn claim, finding there was no duty to warn the plaintiff of known risks while sandblasting.

The plaintiff appealed arguing that the trial court had erred on the issue of proximate cause by finding he needed to show the actual quantity of respirable silica he had been exposed to while wearing the safety gear. He also argued there was error in finding the defendants owed him no duty to warn of sandblasting dangers. Continue reading →

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old-motorcycle-1379767-mTwo 2013 companion appeals arose out of a products liability arbitration. The arbitrator in the cases had found the buyer of a defective motor trike had $750,000 worth of damages because of a rollover accident. He also found that because of her own conduct, she was only allowed to recover 25% of that amount.

The buyer asked the court to modify the arbitration award. The court declined to modify the award. Instead the judge vacated the awards, finding that the arbitrator ignored the rules of strict liability by reducing the buyer’s damages according to contributory and comparative negligence principles.

The case arose when a woman was driving a three-wheeled motor trike. It rolled over onto her and caused severe injuries. Though it had been manufactured as a motorcycle, it had been converted into a trike by a body shop owner. The shop owner had sold it to someone named Holly Fowler who resold it to the plaintiff. Continue reading →