Henry County Defective Products Lawyer
The general public typically learns that a product is defective only after a user suffers an injury. When this happens, manufacturers, suppliers, and other parties could be held liable for the costs of those damages.
Product manufacturers and sellers have a responsibility to the public to ensure that their products are safe. When they fail to meet this standard, consumers could work together with Henry County defective products lawyers to hold them accountable. If you have been harmed by a defective product, a skilled personal injury attorney may be able to assist in determining whether you have a case and what types of damages you could potentially recover.
Duties of Manufacturers
All product manufacturers—and in some cases product designers, suppliers, distributors, and retailers—have a duty to make and distribute products that are safe to use in a reasonable manner. If a consumer is using a product for its intended usage, that product typically must be free of defects and could be required to contain adequate warning labels to advise consumers of any potential hazards.
When these items malfunction and cause harm, plaintiffs have a right to file a claim. A seasoned Henry County defective products attorney could give injured individuals advice about filing claims against manufacturers under product liability laws.
Types of Liability Claims
There are three primary types of product liability claims that a defective products attorney could help consumers in Henry County seek, which are design defects, manufacturing defects, and failure to warn claims.
Design defects entail defective designs that make all incarnations of a product inherently dangerous. Manufacturing defects could occur when something goes wrong in the production or assembly process that makes a single incarnation of a product dangerous to use. Failure to warn claims are based on the manufacturer’s duty to warn consumers of potential harms associated with using the product for its intended or foreseeable purpose. This could include providing adequate instructions and clear warnings.
Legal Grounds in Product Liability Claims
Product liability claims may proceed based on legal theories of negligence, strict liability, breach of warranty, or fraudulent or false representation, based on the circumstances surrounding the incident. In most cases, plaintiffs might need to prove that the product:
- Was defective
- Directly caused their injuries
- Was in the same condition when used as it was at the time of manufacture or sale
- Was used in an appropriate or reasonably foreseeable manner
Statute of Limitations in Henry County
Official Code of Georgia §9-3-33 sets forth the statute of limitations for personal injury actions under Georgia law. A statute of limitations is essentially a deadline for filing a legal claim. While there are exceptions, the statute of limitations for personal injury actions typically requires a claim be filed within two years following the date of the incident where the consumer suffered injuries as a result of a defective product. Individuals are recommended to contact a dedicated attorney immediately after they detect their injury.
Statute of Repose for Liability Cases
There is a statute of repose for product liability cases, wherein all products have a 10-year maximum limit on potential product liability claims. After this time, claimants may no longer hold a legal right to file an action against the company for a defective product. One exception to this rule is if a manufacturer failed to warn users of the known or foreseeable risks of their product. This action effectively eliminates the statute of repose.
Talk to a Henry County Defective Products Attorney
While users are harmed by defective products frequently, consumers typically have the right to hold manufacturers and distributors responsible if their products turn out not to be safe.
If a defective product has caused you to suffer an injury, an experienced and compassionate Henry County defective products lawyer might be able to advise you about the viability of any products liability claim that you may have. Call today to schedule a consultation.
