Canton Defective Product Lawyers
Product Liability Cases in Georgia
Companies have a duty to make sure the products they create are reasonably safe for public use. Unfortunately, defective products do still make it onto the consumer market. When this happens, innocent individuals can be seriously hurt. In extreme cases, defective products can even cause wrongful deaths.
At Hasty Pope, LLP, our Canton product liability attorneys strive to hold negligent companies accountable when they prioritize profits over consumer safety. If you or a loved one suffered severe, life-altering injuries as a result of a defective product, contact our firm as soon as possible. In Georgia, injured individuals have two years from the date of the injury to file a defective product personal injury claim. However, the sooner you act the better, as medical records, witness accounts, and other vital information can be more difficult to obtain as time passes.
When Is a Product “Defective?”
A defective product is any product that poses unreasonably safety risks to users when used correctly and/or as intended. Generally, defective products fall into one of three categories, though it is possible for defective products to fall into multiple categories.
These three categories include:
Defective Design: This means that there was a flaw or defect in the initial design of the
product. Products with a defective design tend to be inherently dangerous,
even when manufactured correctly. Some examples include:
- Products that are not wired properly may cause fire or electrocution
- Products that not structurally stable
- Dangerous products that do not provide safety features
Defective Manufacturing: With this type of defect, some mistake occurs during the production phase.
Manufacturing defects are generally categorized as errors, such as a tainted
batch of cough syrup, that nevertheless lead to serious injuries. Some
- Products not assembled correctly by the manufacturer
- Poorly made components
- Using components incorrectly
- Products that contain dangerous substances
Defective Marketing: Defective marketing refers to defects in how the product is marketed for
use. This can include failure to include adequate warning labels, instructions,
or possible side effects. Some examples are:
- Product that is labeled improperly and does not warn of dangerous side effects or interactions
- Product that does not have instructions on how to use the product in a safe manner
- Vague warnings that the consumer cannot understand how to avoid the danger when using the product
Any type of product can be considered defective if it meets one or more of the above criteria. This includes defective automobile parts like tires and brakes, defective toys or electronics, or defective medical devices and pharmaceutical drugs.
What Are the Most Common Types of Product Liability Cases?
The most common types of defective product cases involve medical devices, medications, children's toys, tools, machinery, motor vehicle parts, and safety equipment.
Medical devices such as implants are for improving the quality of life, however, these may cause harm when put together improperly or for other reasons. A manufacturer may be held liable if a medical device caused harm to a patient.
Medications that are missing warning labels about dangerous side effects or interactions may make a patient sicker. When a drug company fails to warn doctors or patients of risks, they may be held liable for injury.
Children's Toys & Products
Toys and products meant for children are supposed to meet many safety standards, however, unsafe products still make it through and are sold. Watch out for products that may harm children -- small parts that may be swallowed by young children or parts than can injure a child during play.
Tools & Machinery
These products can be dangerous if used incorrectly, however, tools and machinery should also meet industry standards and should come with clear safety measures and instructions. Machinery and tools that were also improperly assembled could cause harm.
Defective parts in a car, truck, or motorcycle can lead to serious accidents to other drivers and pedestrians. Failure in brakes, airbags, seatbelts, steering systems are just some of the things that can cause accidents.
If you work in an industrial environment, you must rely on a variety of equipment to get the job done safely. For example, welders must use gloves, an apron, goggles, and a full-face mask with tinted lenses to protect their eyes. If any of those items are defective and cause harm to the worker, the consequences can be severe.
What to Do if You Were Harmed by a Defective Product
If you suffered serious injuries while using a product as intended, you may be able to hold one or more negligent parties accountable for your damages. Defective product claims, also known as product liability claims, can be incredibly complex due to the number and type of liable parties involved. Anyone from the product designer to the product manufacturer to the product distributor—or a combination thereof—could be responsible for your injuries. It is important to contact an experienced Canton product liability lawyer who can help you seek just recovery for your damages.
While every case is different, you may be able to recover compensation for the following damages:
- Medical treatment, immediate and future
- Lost wages and/or income
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Reduced or lost earning ability
In certain cases, you may also be able to pursue punitive damages if you can show that the liable party was egregiously negligent. This might be the case if a drug manufacturer knew a certain drug was unreasonably dangerous but manufactured it anyway or if an automobile manufacturer failed to recall thousands of defective vehicles.
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$9,000,000 Wrongful Death
Settlement of $9 million in September of 2019. This was for the family of a 20-year-old man struck and killed by a driver who crossed the centerline in Cherokee County, Georgia on May 18, 2018.
$6,000,000 Truck Accident
A tractor-trailer lost control and struck two motorcyclists, both suffered catastrophic injuries.
$5,000,000 Rear-End Accident
A female client was rear-ended at a high rate of speed in Fannin County, Georgia, a county in North Georgia. The negligent driver was following too closely and failed to maintain control of her vehicle.
$2,800,000 Dental Malpractice
A woman sustained permanent injury to her mouth and teeth as result of dental work performed below the standard of care by a dentist employed by a large corporate dental chain.
$2,500,000 Intersection Collision
A woman suffered multiple injuries including head trauma, multiple rib fractures, and a collapsed left lung when another car ran a red light and struck her vehicle in West Palm Beach, Fla.
$2,000,000 Intersection Collision
Our 76-year-old client, Sara, was on her way home from the salon. She was driving through an intersection on a green light when a young driver turned in front of her.
$1,735,000 Distracted Driving Accident
Our client was struck and killed on I-985 in Hall County, Georgia. Our client had pulled off I-985 to secure his load and was outside all lanes of travel.
$1,700,000 T-Bone Collision
A woman suffered permanent injury to her dominant arm after being involved in a collision at Davis Drive and Mansell Road in Alpharetta, Georgia.
$1,650,000 Accident on MARTA Bus
Our client sustained an injury in an accident in which the wheelchair ramp of a MARTA bus closed on her foot in 2016.
$1,300,000 Rear-End Collision
Our client, a 49 year-old small business owner was on his way home from a job when his life was forever changed - he was rear ended at a high rate of speed by a large construction truck.