Sometimes, we invest in a brand-new pressure cooker only to watch it explode in our kitchen. Maybe we buy a unique toy for our children, thinking they’ll have fun with it, and instead, it falls apart into sharp pieces. Perhaps we take a prescription drug that causes unexpected harm. Not only are all of these possible, they’ve happened. They are usually signs of a defective product, not always user error. If this happens to you, you might feel betrayed, overwhelmed, and unsure of what to do next, including figuring out who can be liable for a defective product injury and how to seek justice.
The good news is that Georgia law gives you the right to fight for justice. A defective product is often the result of a manufacturer’s negligence, and you deserve the right to hold them accountable. Finding the right defective product injury attorneys is essential for your claim, especially when determining who can be held liable for a defective product injury and ensuring the responsible parties are held accountable.
What Is a Defective Product Injury Claim?
Understanding the definition of a defective product injury claim is the first step in successfully pursuing compensation after being subject to an injury due to a defective product.
This type of claim is a personal injury case, and it’s essential to know how long you have to file so you don’t miss the chance to seek the compensation you deserve. Under Georgia law, a victim suffering from this situation can pursue compensation under product liability laws—or, in some cases, through a medical malpractice claim if a healthcare provider’s actions contributed to the harm.
When it comes to defective products, three main categories lead to lawsuits. These are:
- Design Defects – When a product is inherently unsafe because of its design before it’s even manufactured, this qualifies as a design defect.
- Manufacturing Defects – Sometimes, even after a flawless design, the manufacturing process is full of errors. This could be something that has gone wrong in the assembly process or during production. Whatever the error, it creates a danger to those using the product and is called a manufacturing defect.
- Marketing Defects—Most products come with instruction sheets that might seem unnecessary to some people. However, they often contain essential instructions or warnings. If a product lacks these instructions, it fails to warn the user and becomes a marketing defect.
Each defect can become a lawsuit if its failures lead to an injured victim. It’s not critical to prove that the manufacturer intended any harm – only that the product was defective and that was a direct cause of your injury.
Examples of Products That May Cause Injury
There’s no limit to the harm a defective product can cause its user, and when that happens, pursuing an injury settlement can help cover medical bills, lost wages, and the pain you’ve endured. Defective products come in all shapes and sizes. However, if you’re wondering if the item that hurt you counts as a faulty product, here are some common examples that might help you determine if your case is similar enough to warrant compensation:
- Household Appliances – Serious injuries have often been caused by incidents like electric shocks from defective toasters, microwaves, or space heaters.
- Children’s Toys – Manufacturers often face lawsuits over children’s toys when they design them poorly or use cheap materials. This usually leads to choking, cutting, or poisoning hazards.
- Defective Medical Devices – A patient seeking help with an ailment might only worsen their condition when they are met with defective implants or malfunctioning medical equipment.
- Auto Parts – Brake failures, tire blowouts, and defective airbags often cause car accidents or make them worse. These can all cause serious injuries.
- Electronics – Cell phone, tablet, or other electronic device users can be electrocuted when batteries explode or the device overheats.
You may also file a lawsuit if a recalled product harmed you and you never received a warning, or if the product injured you even though you used it correctly. The Consumer Product Safety Commission (CPSC) regularly releases product recalls. This may help support your claim. Always document the product and the incident, preserve all packaging and receipts, and take pictures of the scene. All of these steps can help you pursue compensation.
What Compensation Can You Seek?
Georgia law allows you to seek compensation if a faulty product is why you’ve been injured. You might be entitled to any of the following:
- Medical bills
- Lost wages
- Loss of future earning capacity
- Pain and suffering
In Georgia, you can still recover damages if you’re less than 50 percent at fault in a personal injury case. However, having the proper personal injury documents is crucial to proving your side and securing fair compensation. Your compensation would be reduced by the amount of fault you hold. For instance, if you are found 20 percent at fault and your compensation would have been $100,000, your fault percentage would reduce your award to $80,000. This could happen if you were using the product in a way it wasn’t intended to be used. However, if the court does not find you at fault, you will receive the full compensation amount. An experienced attorney can help you determine exactly what your case is worth and what you can expect to receive.
Your Rights Matter – Let Us Protect Them
If you’re injured due to a defective product, the clock to seek compensation has started ticking. Typically, you have two years from the date of an injury to file a product liability case. It’s essential to act quickly. To help your case proceed as smoothly as possible, here is what you should do:
- Seek Medical Treatment – Taking care of yourself is essential, but it’s also important to remember that medical records will help prove your case.
- Preserve the Product – Keep the defective product, including all parts, instructions, and packaging, as this will serve as evidence.
- Avoid Repairs or Returns – If you follow through with either of these, key evidence may be destroyed.
- Speak with a Lawyer – Always speak with an experienced attorney who can help you get the compensation you deserve rather than a lowball settlement.
At Chris Hudson Law Group, we believe you should have access to safe products and strong legal protection when manufacturers neglect safety. If a dangerous or defective product has hurt you, you don’t have to fight your battle against the manufacturer alone. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Contact us at (706) 863-6600 to schedule your free personal injury consultation in Georgia. Let us help you seek justice and recovery.