Defective Product Attorney in Atlanta191 Peachtree Street NE, Suite 4200
Atlanta, GA 30303
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Defective Product Lawyers in Atlanta
When you purchase any product, you expect the product to perform as intended by the manufacturer. The intent of a manufacturer typically is published in a warranty, although some products come with instructions that include information concerning the quality of a product. Buying a defective product can trigger a considerable amount of frustration, especially in the digital era when a rapidly growing number of consumers order products online to be delivered to their homes and businesses. A defective product can be a toy that injures a child or a commercial lawn mower that causes harm to the owner.
If you sustained one or more injuries or developed the symptoms of an illness due to a defective product, you should contact one of the defective product lawyers in Atlanta. Product liability cases fall under the umbrella of the personal injury practice, which means many of the same legal principles that apply to a personal injury case such as a car accident also apply to a product liability case. For example, the statute of limitations for filing a civil lawsuit that seeks monetary damages for a car accident case is the same deadline established for filing a product liability lawsuit that involves one or more injuries.
A product liability attorney offers several legal services to help you build a strong enough case to take legal action. The first way a lawyer helps is by ensuring you file the most persuasive insurance claim. Without an attorney providing legal support, your insurance company might deny your claim for one or more invalid reasons. Defective product lawyers in Atlanta conduct extensive investigations to gather evidence and record the accounts provided by witnesses. You can expect to file every legal document before every Georgia-mandated deadline as well.
At Morgan and Morgan, our personal injury attorneys have spent the past three-plus decades representing clients that filed product liability lawsuits. Since 1988, Morgan and Morgan has recovered more than $14 billion in monetary damages for our clients involved in personal injury cases. A substantial percentage of the compensation awarded to our clients involved product liability cases. Schedule a free case evaluation today with one of the defective product lawyers in Atlanta from Morgan and Morgan to determine the best course of legal action.
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What Are Design and Manufacturing Defects?
To file a convincing personal injury lawsuit that seeks monetary damages, defective product lawyers in Atlanta might have to prove the existence of the four elements of negligence. Before proving the first element of negligence, your attorney must determine which of the two types of defects caused you harm.
Manufacturers usually put products through two stages of development. The first stage of product development concerns designing a product. Product designers work closely to create a template for the construction of every similar type of product. Despite completing a flawless manufacturing process, a simple design flaw can turn what should be a high-performance product into a defective product. For our commercial lawnmower example, a design flaw such as locating the engine too close to other vital internal parts can cause a serious malfunction due to prolonged exposure to excessive heat.
Manufacturing defects occur either during the production or assembly phase. Since most manufacturing plants have converted to mostly or all automated systems, a defect typically results in a breakdown of the software used to manage the manufacturing process. Although the assembly process also is sometimes automated, assembly defects usually happen because of human error. To prove a company should assume legal liability for a manufacturing defect, product defect lawyers in Atlanta must demonstrate the product defect developed before the company released the product for consumers to purchase.
What Are the Types of Defective Product Lawsuits?
During a free case evaluation with one of the defective product lawyers in Atlanta from Morgan and Morgan, the attorney assigned to your case must determine the type of product liability lawsuit. Your legal representative has three options to choose from before moving forward with your case.
Strict liability represents the most common type of product liability lawsuit. All your product liability attorney has to do is prove that a design or manufacturing defect of a product caused you to sustain one or more injuries. The lawyer from Morgan and Morgan assigned to your case submits physical evidence that describes in detail how a product should have performed and physical evidence that describes how the same product performed when used by you or a loved one.
Negligence requires defective product lawyers in Atlanta to prove four elements. The first element is called duty of care, which means the manufacturer of a product is legally responsible for manufacturing a product that does not cause an illness or injuries. After demonstrating a duty of care, your lawyer presents evidence that proves the manufacturer breached the duty of care doctrine. This is the most difficult element to prove because it requires the submission of compelling physical evidence. The last two elements to prove negligence are causation and financial losses.
Breach of Warranty
Not every product liability case involves a consumer sustaining injuries or developing symptoms of an illness because of using a product. Breach of warranty cases refer to a manufacturer failing to fulfill the guarantees written in a warranty. A warrant is similar to a contract without both parties signing a formal agreement. An express warranty represents the guarantees made by a manufacturer concerning how well a consumer should expect a product to perform. Many manufacturers include a short pamphlet with each product purchased by consumers that describes the promises made by the manufacturer. For example, if a manufacturer guarantees a certain model of a motor vehicle achieves 25 miles per gallon in fuel efficiency and the car gets only 20 miles per gallon, the manufacturer has violated a clause in the express warranty agreement.
What Is the Deadline for Filing a Product Liability Lawsuit in Georgia?
One of the many benefits of hiring one of the defective product lawyers in Georgia from Morgan and Morgan is to file a civil lawsuit that seeks monetary damages before the expiration of the statute of limitations. Every state has established a deadline for filing a personal injury lawsuit, with most states setting the deadline between two and four years. A handful of states go as long as six years and as short as one year.
Georgia has established a deadline for filing a product liability lawsuit at two years for personal injury claims and four years for property damage claims. This type of arrangement differs from most states, which set the deadline for filing a personal injury lawsuit the same for injury and property damage claims. According to the discovery rule in Georgia, the clock starts ticking on filing a personal injury lawsuit on the day when the plaintiff discovered or should have discovered an injury and/or property damage.
Two years is more than enough time to file a personal injury lawsuit in Georgia, but you should not wait until the deadline approaches to take legal action. Waiting too long can put you in a deep financial hole, as you are responsible for paying off medical bills and the receipts for property damage. Acting with a sense of urgency helps you pay off debts much faster than if you wait until the last minute to file a civil lawsuit that seeks monetary damages. Your attorney also wants to take swift legal action to obtain the most accurate versions of events from witnesses. Witness accounts tend to become less reliable the longer they are given from the date of a personal injury incident.
If you fail to file a product liability lawsuit before the expiration of the statute of limitations in Georgia, you can expect a court clerk to dismiss your case.
What Criteria Should I Use for Hiring One of the Best Defective Product Lawyers in Georgia?
Atlanta is home to some of the highest-rated law firms in the United States. How do you connect with the best attorney to represent you during a product liability case?
Experience Handling Product Liability Cases
If a defective product caused you or a loved one harm, you do not want to hire a slip and fall attorney. You should hire a personal injury lawyer who specializes in litigating product liability cases. With a national presence, Morgan and Morgan’s personal injury team of litigators consists of several attorneys who specialize in handling defective product cases. This means you do not have to worry about working with a lawyer who possesses limited experience filing product liability lawsuits.
Proven Record of Success
The number of years of experience is not enough to qualify an attorney as one of the best defective product lawyers in Atlanta, Georgia. Working with an attorney who has compiled an impressive record of winning product liability cases and getting insurance claims approved is more important than the number of years a lawyer has practiced law. At Morgan and Morgan, the $14 billion in monetary damages that we have recovered for clients demonstrates our ability to get our clients the compensation they deserve.
Support You All the Way
When you meet with one of the defective product lawyers in Atlanta for a free case evaluation, you should expect the same attorney to provide support during the entire legal process. Unfortunately, far too many personal injury lawyers meet clients for a free case evaluation, only to delegate many of the legal responsibilities of litigating a case to a less experienced attorney. At Morgan and Morgan, the product liability attorney assigned to your case works with you during every step of the legal process, from the day of a free case evaluation to the day when your case gets resolved.
Effective Communication Skills
Product liability lawsuits can change direction without any warning. For example, perhaps the attorney representing the defendant prefers to negotiate a settlement instead of taking your case to the trial phase of the litigation process. This means you must choose a litigator who responds promptly to all forms of communication. Whether you leave a phone message or send a text message, you should receive a response on the same business day. If you try to contact one of the defective product lawyers in Atlanta from Morgan and Morgan after business hours, you should receive a response first thing the next morning.
Take legal action for a defective product case by scheduling a free case evaluation with one of the product liability attorneys at Morgan and Morgan.