Atlanta Attorney Protecting the Rights of Injured Consumers
As consumers, we expect that the products we use are safe. Unfortunately, some companies choose to put profits before people by selling dangerous items that have the potential to cause harm. If you were hurt in the Atlanta area by a defective product, injury lawyer Terrence R. Bethune may be able to help you hold the responsible company accountable. Georgia law allows victims of unsafe products to seek compensation for harm caused by companies that sell dangerous devices.
Bringing a Product Liability Claim
Injuries from nearly any type of device can be the basis for a product liability lawsuit, including defective drugs, automobile components, and other consumer goods. Georgia law allows people hurt or killed by a defective product to hold the manufacturer, designer, or seller of the item responsible for the injury or death by filing a product liability lawsuit in state court. Unlike some other states, consumers here may allege both strict liability and negligence. This means a defendant may be liable for the victim’s injuries even if the defendant acted reasonably or without fault.
To prove a product liability case, the injured individual must establish several elements:
- A defect of the product;
- A causal connection between the defect and the injury;
- That the product was in the same condition at the time of the injury as it was when it left the defendant’s possession; and
- That the product was being used as intended or in a manner reasonably foreseeable by the defendant.
Georgia law recognizes three types of product defects. These are manufacturing defects, which occur during the production of the product, design defects, which are flaws in the product’s inherent design, and instructional defects or failures to warn, which occur when a product is fully functional but does not include proper instructions or warnings. If any of these defects makes a product unreasonably dangerous, the first element is met.
Causation in a product liability case is substantially the same as in a car accident or other personal injury case that alleges negligence. The defect must be the legal and factual cause of the victim’s harm for the defendant to be liable.
The third element ensures that products have not been made dangerous by an intermediary or the consumer. If someone is hurt by a product that was substantially changed by a third party, such as a retailer, that party, rather than the manufacturer, may be liable for the injuries.
Finally, the consumer must have been using the product either as intended by the manufacturer or in a way that was foreseeable. This means that even if a person was hurt while using a product in a way that was not specifically intended, the defendant may still be liable if the use was foreseeable.
Contact an Experienced Lawyer After an Accident in Atlanta
You have the right to expect that products you see on store shelves are safe for you and your family. Georgia law ensures that if a company breaks your trust, you can hold that entity liable for the injuries its defective item caused. If you or a family member were hurt by a defective product, the accident attorneys at the Law Office of Terrence R. Bethune can help you seek compensation. For a free and confidential case evaluation, call (404) 875-7800 or complete our contact form.