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Clayton County Defective Products Lawyer

Companies and manufacturers have a simple obligation to ensure that their product is both useful and safe. However, reports by the U.S. Consumer Product Safety Commission (CPSC), indicate that manufacturers are not as cautious as they should be and defective products may cause millions of accidents and injuries every year.

While the law may provide a means of holding manufacturers accountable, products liability cases can be incredibly complicated. Therefore, you should seek the guidance of a Clayton County defective product lawyer.

One of the biggest challenges that individuals face in a products liability case is fighting with large companies with high-powered lawyers who are eager to dismiss a claim. A seasoned personal injury attorney could work to ensure your injury and claim is given the attention it deserves.

Defective Products Lawsuits in Clayton County

When companies fail to warn consumers of the risks of their products, they can be held liable for any resulting injuries through filing a lawsuit. Georgia law specifically provides that manufacturers can be held liable for any resulting injuries when a product is not considered “merchantable and reasonably suited to the use intended” O.C.G.A. §51-1-11(b)(1). Products liability cases include any manufactured product including medications, medical devices, cars, tools, electronics, and household appliances.

In any products liability case, the plaintiff has the burden of proving: (1) that the product was defective, (2) their injury, (3) the causal connection between the defect and the injury, and (4) that the defendant was responsible for the defect. Products Liability, Second Edition, Madden, §12.1, p. 487

An injured individual could pursue a claim based under one or more of the following theories.

Negligence

Negligence serves as the foundation for products liability cases. For an individual to win a case premised on negligence they would have to prove four elements: duty, breach, causation, and damages. When a court is trying to determine whether a product is defective, they will often rely on these four elements as a framework and seek to determine whether the product is not considered merchantable and reasonably suited for its intended use. A dedicated Clayton County dangerous drugs attorney could help an injured individual prove negligence.

Strict Liability

Under Georgia law O.C.G.A. §51-1-11(b)(1), a manufacturer is strictly liable when they put an item on the market without inspecting it for a defect and knowing the consumer will not inspect it for a defect. This means that, regardless of a person’s actions, if a company has placed a product on the market that has a defect, they can be held liable.

Breach of Warranty

A breach of warranty occurs when the manufacturer makes an assertion about a product. If the product then does not meet expectations, the manufacturer can be held liable.

Products at the Center of Lawsuits

There is a vast array of products that can cause an injury, and some of the most common products involved in defective product litigation in Clayton County include:

  • Pharmaceuticals
  • Motor vehicles
  • Machinery and construction materials
  • Medical devices
  • Electrical devices
  • Household appliances

Defective product lawsuits tend to entail complex litigation often-requiring an understanding of a product and the ability to explain both the product’s utility and its flaw in a court. That is why it may be important to work with an experienced Clayton County defective products lawyer.

A Clayton County Defective Products Attorney Could Be an Ally

While people rely on products to help with daily tasks, when a defective product causes an injury, you may be entitled to compensation for your injuries and losses. A Clayton County defective product lawyer could help guide you through the complex process of proving liability in a defective product case. To find out how an attorney could help you, call today to set up a consultation.