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No one would normally expect that the gadgets they pick up at Columbus’ Peachtree Mall, or the medicine they buy at their local pharmacy, could seriously harm them. And yet, people in our city are hurt every year by defective consumer products like medication and electronics.
That’s why there are both federal and Georgia state laws designed to protect consumers from these subpar and dangerous products. Manufacturers have a legal responsibility to produce products which are safe for consumers. Often though, a desire for expedient production and maximum profits leads to shoddy engineering, insufficient testing, and products that have the ability to cause serious harm to customers.
Product liability claims arise when a person is injured by a defective or otherwise dangerous product. In Georgia, a consumer can file a product liability lawsuit only if the resulting injury stems directly from a manufacturing or design defect. In addition, a claim can be filed if the company failed to warn customers about the dangers and risks associated with a product, prescription drug, or medical device. Defective products or drugs can lead to considerable financial loss, serious injury, and even death.
Types of Product Liability Claims
Product liability claims generally fall into one of four main categories described below: defectively manufactured products, defectively engineered products, marketing defects, and failure to warn or instruct.
Defectively Manufactured Product: A defectively manufactured product is one which contains a flaw not in its blueprint design, but rather in its individualized manufacturing. In other words, the defective product is different from the other ones on the shelf due to a unique error in its production. As with any Georgia product liability case, persons wishing to file a claim involving a defectively manufactured product must be able to show that there was a defect, that the defect caused their injuries, and that their own negligence did not play a part.
Defectively Designed Product: Defectively designed products are those with inherently dangerous or defective design models. Unlike defectively manufactured products, in which only singular instances of the product are faulty, products with a design defect contain an error in their engineering or blueprints. In these cases, the entire line of products is defective and/or dangerous.
Marketing Defects: Marketing defects claims typically involve products that have been falsely or incorrectly advertised. Most commonly, these types of claims are filed against pharmaceutical companies who advertise that a drug or medical product can be used in an unapproved and dangerous function, or a company that claims its product is safe when they are aware that it is not.
Failure to Warn or Instruct: Claims concerning the failure to warn or instruct are typically filed against manufacturing companies that neglect to provide adequate warnings, instructions or any otherwise necessary information about a product which deviates from the commonly marketed model. If the average customer believes a product should behave a certain way and it does not, the manufacturer has a responsibility to notify the customers of the difference to avoid problems.
At Morgan & Morgan, we understand that a defective product or drug can cause significant physical, emotional and financial distress. This is why our trusted Georgia products liability attorneys are committed to maximizing the recovery for anyone suffering due to a faulty or improperly advertised product. We will put the best possible case together to hold the negligent party accountable for their actions.
If you or a loved one has been injured by a defective product, fill out our free case review form. You may be entitled to compensation for current and future medical bills, pain and suffering, and more.