We spend our hard-earned dollar on so many things throughout any given day, this could be on clothes, shoes, toys, furniture. Anything, you name it. At the very least we expect to get what was advertised and our monies worth. Unfortunately, that is not always the case. Some of these purchases can lead to injury based on the product malfunctioning in some capacity, and these injuries can be very unexpected and very painful. Product defects or malfunctions can cause motor vehicle accidents, strangulation and even lead to death. In the event that you or someone you know has been hurt, injured, or wrongfully killed due to a defective product, you may be able to seek compensation for your damages. You can speak with a skilled product liability or personal injury attorney to see what legal options you have.
It is important to note that the misuse of a product that lead to an injury is not seen as product liability. There must be a clear defect in the product that you or your legal representation can prove lead to you or your loved one’s harm or injury. Once the issue is determined, you can move forward in your claim for damages. To determine what the defect is one may look for:
• An error in the design. This defect will fall on the designer of the product should it cause injury or harm to anyone.
• Incorrect assembly. If clear design instruction was given and somehow the manufacturing company improperly assembled it, this can cause injury because it is not corrected built. This would cause the manufacturing company to be liable.
• Failure to label or mislabeling. This is important. Design and assembly may be correct, but the consumer must be informed of any potential harm the product can cause. When there is an absence or lack of proper labeling, the entity responsible for labeling can be held responsible for any damages.
Every case is different and there are always minor details that may make your case unique. Whether it is wrongful death, or any physical injury that a product has created, speak with an attorney to discuss your case and see if you have a case worth fighting for. Be sure to speak with a personal injury lawyer in Atlanta, GA as soon as possible as personal injury cases have statute of limitations that must be followed. The right attorney can sometimes make all of the difference in your case.
Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and product liability.