Best Dangerous Product Lawyers in Georgia

About Dangerous Product Law in Georgia, United States

Dangerous product law, also known as product liability law, relates to legal claims arising from injuries or damages caused by defective or unsafe products. In Georgia, these laws are meant to protect consumers from harm caused by products that are defectively designed, improperly manufactured, or sold without adequate warnings. The law holds manufacturers, distributors, and sometimes retailers responsible for ensuring that products brought to market are reasonably safe for intended use.

When someone is harmed by a dangerous product in Georgia, they may be able to recover compensation for medical costs, lost wages, pain and suffering, and other damages through a personal injury or product liability claim.

Why You May Need a Lawyer

If you or a loved one has been injured by a product you believe is unsafe, you may be facing significant medical expenses or lost income. A lawyer with experience in dangerous product cases in Georgia can provide crucial assistance in several common situations:

• You suffer an injury or illness after using a household product, medication, food item, or equipment.
• Your child is harmed by a toy or children's product that malfunctions or lacks appropriate warnings.
• You are part of a group experiencing similar injuries from the same product, possibly leading to a class action lawsuit.
• You are unsure whether the manufacturer is at fault or how to prove their responsibility.
• A manufacturer, distributor, or retailer denies your claim or offers an inadequate settlement.
• The cause of your injury is complex or involves multiple potential responsible parties.

Legal counsel can help investigate the case, collect necessary evidence, navigate the complexities of Georgia law, and advocate for fair compensation.

Local Laws Overview

Georgia product liability law is primarily governed by state statutes and court decisions. Here are key aspects relevant to dangerous product claims in Georgia:

• Types of Defects: Claims can be based on manufacturing defects, design defects, or inadequate warnings (failure to warn).
• Strict Liability: Manufacturers and sellers can be held legally responsible without proof of negligence if a product is defective and causes harm.
• Statute of Limitations: In Georgia, you generally have two years from the date of injury to file a personal injury or product liability lawsuit.
• Statute of Repose: Claims must be filed within ten years from the date the product was first sold, regardless of when the injury occurred.
• Comparative Fault: Georgia follows a modified comparative fault rule. If the injured party is 50 percent or more at fault, recovery is barred. If less than 50 percent at fault, damages are reduced by the percentage of fault.
• Breach of Warranty: Injured parties may also pursue claims based on express or implied warranties made by the seller or manufacturer.

Frequently Asked Questions

What qualifies as a dangerous product in Georgia?

A dangerous product is any item that is defectively designed, improperly manufactured, or lacks adequate warnings, making it unsafe for normal use and leading to injury or damage.

Who can be held liable in a dangerous product case?

Manufacturers, wholesalers, distributors, and sometimes retailers can be held responsible for injuries caused by unsafe products in Georgia.

Do I need to prove negligence to win a dangerous product case?

No, Georgia allows strict liability claims that do not require proof of negligence. You need to show the product was defective and that the defect caused your injury.

How long do I have to file a case?

You typically have two years from the date of injury to file a lawsuit, but there is a ten-year statute of repose that starts from the date the product was first sold.

What if I modified the product before using it?

If you altered or misused the product, your compensation may be reduced or your claim may be denied, especially if the modification significantly contributed to the injury.

Can I still recover damages if I was partially at fault?

Yes, as long as your share of the fault does not reach 50 percent. Your compensation will be reduced according to your percentage of responsibility.

What damages can I recover in a dangerous product case?

You may recover compensation for medical bills, lost wages, pain and suffering, disability, and in some cases, punitive damages.

How can I prove a product was defective?

Evidence can include expert testimony, product testing, photos of the product and injuries, recall notices, and documentation of how the product was used.

What is a failure to warn claim?

This type of claim alleges that the product did not include adequate warnings or instructions about potential risks, leading to injury.

Can I pursue a claim if the product was recalled?

Yes, a recall notice can strengthen your case, but it is not necessary for you to pursue a dangerous product claim.

Additional Resources

If you seek more information or support regarding dangerous product issues in Georgia, the following resources can be helpful:

• Georgia Department of Law - Consumer Protection Division: Offers consumer education and can help with complaints related to unsafe products.
• Georgia Trial Lawyers Association: Provides information about finding experienced product liability attorneys in Georgia.
• United States Consumer Product Safety Commission (CPSC): Offers recall information and consumer alerts for dangerous products nationwide.
• Georgia Bar Association - Lawyer Referral Service: Assists with finding qualified legal representation in your area.

Next Steps

If you believe you have a dangerous product claim in Georgia, consider taking these steps:

• Preserve the product and any packaging or instructions, if possible.
• Document your injuries and gather medical records.
• Take photos of the product, the scene, and your injuries.
• Keep evidence of purchase, receipts, or proof of ownership.
• Consult with a lawyer who has experience handling dangerous product cases in Georgia.
• Act promptly to ensure your claim is filed within the applicable time limits.

A knowledgeable attorney can evaluate your case, explain your options, and advocate for your rights, helping you pursue the compensation and justice you deserve.