Defective or dangerous products can be the cause of serious accidents with injuries or fatalities. Generally, a company is responsible for ensuring that the products they manufacture, distribute and sell are safe for consumers. If a problem occurs, the company needs to take immediate action to make sure that changes are made and that if the products are not safe they are recalled. If you were injured due to a defective or dangerous product in Atlanta you may be entitled to compensation. An Atlanta product liability attorney will assist you in determining how to resolve the situation.
Types of Product Liability Issues
Product liability covers a wide range of products. Some of the most common liability claims have been recently made for prescription medications, toys, medical devices, tires and vehicle air bags. When the problem affects a large number of consumers, a class action lawsuit may be filed. This type of lawsuit is open to all those who were injured due to the company’s negligence. For instance, last year, lawsuits were filed against a hoverboard company due to faulty batteries that caused the boards to catch fire. Similarly, lawsuits were filed against Takata, the manufacturer of vehicle air bags that exploded on impact causing serious injuries and deaths.
Elements of a Product Liability Case
If you are the victim of an injury due to a harmful product, it may be due to a defective design, improper construction or the failure to provide adequate warnings of a potential risk. Generally, a victim can file a case against the manufacturer, distributor, seller or all of them. You may be entitled to compensation for all of your financial losses due to the defective product including medical costs, lost wages and other damages.
When a defect or problem is noted, the manufacturer may issue a recall. The government may issue a recall in instances where the manufacturer failed to do so. When a consumer files a product liability claim, the manufacturer cannot use a recall as their defense. They must show that they took adequate steps to ensure consumer safety.
What to Do If You Were Injured
If you were injured due to a defective product do not hesitate to take action. The law limits the time to file a claim so it is advisable to speak with an Atlanta product liability attorney as soon as possible. Your lawyer will answer your questions and review the details of your situation to determine the options that are open to you. He will help you file a claim and will negotiate a settlement. If it goes to trial, your lawyer will provide the evidence necessary to prove your case. You will need to provide evidence that the product was defective and that you suffered an injury. Proof of the defect and medical details are necessary, as well as expert testimony that supports your case. The first step is to talk to an experienced Atlanta product liability attorney to review your situation. Contact the team at Bader Scott Injury Lawyers to learn more about how we can help you obtain the compensation you deserve for your injury.
Seth Bader is an Auto Accident and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.