What This Page Covers:
- Legal Framework: In Georgia, strict liability laws apply to product manufacturers. If a defective product causes harm, the manufacturer is legally responsible, emphasizing their duty to ensure safety and avoid hazardous products.
- Types of Defects: There are three primary types of product defects: design defects (unsafe blueprint), manufacturing defects (errors during production), and marketing defects (inadequate warnings or instructions).
- Litigation Complexity: Pursuing a product liability claim involves detailed evidence collection and understanding the technical aspects of the case. Taylor Odachowski Schmidt & Crossland, LLC (TOSC) offers guidance in navigating these challenges to ensure victims receive due compensation.
- Consumer Risks: Some manufacturers may prioritize cost savings over safety, resulting in the production of cheaper, less-safe products. Such negligence can lead to severe consequences for consumers, and these manufacturers can be held accountable under Georgia law.
When we purchase products, whether it’s a new car, a household appliance, or a children’s toy, we trust that these items are safe and will function as advertised. Unfortunately, this isn’t always the case. Products that are defectively manufactured, poorly designed, or lack adequate safety warnings can cause serious injuries and even fatalities. If you have been injured by a defective product, you may have legal options to recover compensation for damages.
Navigating a product liability claim is complex due to the technical aspects of proving fault and the defense often put up by manufacturers and insurers. Having the experienced product liability lawyers of Taylor Odachowski Schmidt & Crossland, LLC (TOSC) by your side who understand the intricacies of such cases may make a difference in the outcome of your claim. We help gather necessary evidence, represent your interests in negotiations or at trial, and work to ensure you recover the compensation you need to recover from your personal injuries.
Types of Product Defects
In product liability law, understanding the types of defects that can lead to legal claims is crucial. These defects usually fall into one of three main categories: design defects, manufacturing defects, and marketing defects. Each type has distinct characteristics and requires different evidence to support a claim.
Design Defects
This occurs when a product is inherently unsafe, even before it is made, due to a flaw in its blueprint or plan. The entire line of products may be affected because they share the same hazardous design. To prove a design defect, one must demonstrate that the product’s design is fundamentally unsafe when used as intended or in a reasonably foreseeable way and there was a safer, feasible alternative design that the manufacturer could have used.
Manufacturing Defects
These defects arise during the production or assembly of a product. Unlike design defects, manufacturing defects typically affect only one or a few units of a product rather than the entire line. These defects can result from poor workmanship, substandard materials, or errors in the assembly process. The key to proving a manufacturing defect is showing that the product that caused the injury deviated from the manufacturer’s intended design or specifications.
Marketing Defects
Known as “failure to warn,” this occurs when a product lacks necessary instructions or warnings about its proper use, which could prevent foreseeable risks of harm. This type of defect involves issues with how the product is presented and communicated to the consumer, including inadequate safety warnings, missing instructions, or misleading marketing. To establish a marketing defect, it is necessary to show that the lack of information directly contributed to the injury and that a proper warning or instruction would have prevented the user from suffering harm.
Georgia Product Liability Law
In Georgia, like in many other states, product manufacturers are subject to “strict liability.” This legal principle means that if a manufacturer distributes a defective product that causes harm, it may be legally at fault for any resulting damages. For instance, defective products might include vehicles that do not adequately protect occupants in crashes, hazardous industrial machinery, unsafe consumer goods, or pharmaceuticals and medical devices that cause injuries.
Generally, manufacturers and medical device companies meet these safety expectations. They understand that their ability to profit from product sales carries with it the duty to ensure those products are not hazardous. This includes conducting vehicle crashworthiness analysis, producing defect-free tires, and ensuring the safety of medical devices.
However, not all manufacturers adhere to these standards. Some prioritize cost savings over safety, producing cheaper, less safe products and marketing them to consumers without adequate warnings about potential risks. This profit-driven approach not only boosts their financial bottom line but also increases the danger to consumers.
When a company chooses profit over safety and this leads to harm, that company can be held accountable. Under Georgia law, if the defective product is less than 10 years old, the manufacturer is liable. If the product is older than 10 years, liability applies if the manufacturer had “willful, reckless, or wanton disregard for life.” Manufacturers sometimes have to recall products they discover are dangerous.
Speak With the Product Liability Lawyers at Taylor Odachowski Schmidt & Crossland, LLC Today
If you were harmed by a defective product, you may have legal options. The Brunswick, GA skilled product liability attorneys of Taylor Odachowski Schmidt & Crossland, LLC (TOSC) have experience handling the most complex product liability claims and can significantly affect the outcome of your case.
Contact our team today by calling (912) 378-3863 or filling out a contact form to discuss your case and explore your legal options.
