If you have been injured as a result of a defective product or a hazardous flaw, you should contact a personal injury lawyer in Atlanta immediately to determine the next steps. You may be able to identify which of the parties along the supply chain is responsible for the fault and the resulting injury, and can possibly file a lawsuit to gain financial compensation for your accident. This is not a guaranteed outcome, but if you and your attorney can determine that it was an issue with the product and not a user-error or misuse, then you may decide to move forward with a suit. There are exceptions to product liability, which may be outlined in the user manual or warning labels that specify the hazards and make it clear that it is the responsibility of the user to avoid injury. Read more about situations you may be able to file a lawsuit against a product manufacturer for, and some cases where you will likely be unable to.
Types of Defective Products
There are a variety of claims that you can make for a defective product, each of which will change the nature of your case. Speak with an attorney to determine the validity of your claim, and the approach you will take.
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If a car manufacturer sells a vehicle with a steering column with defective connecting devices that causes an accident, this is a defective design.
If the car manufacturer installs a faulty wiring system that engages an emergency system without warning, this is an example of a defective design.
If a chainsaw manufacturer knows that there is a specific setting that causes the machine to act differently, but fails to disclose this information, then this is a defective warning.
Legal Claims for Defective Products
If the manufacturer of a power tool ships their product without meeting all of the required safety certifications, and an injury results from something that would have been noticed in the certification process, then the producer will be found to have been negligent in their creation and sale of the product.
If there is an injury that results from a defective product as a result of manufacturing, packaging, or other issues that do not strictly fall under negligence, the injured party may still be able to file a lawsuit against the manufacturer for the error.
Exceptions to Manufacturer or Retailer Liability
If you have been injured through the course of normal use of a functional product, then it may be found to be user error, not an issue with the product. For example, if you get a concussion from a baseball that your friend hit, you are not able to sue the baseball or bat manufacturers, since this injury occurred during the normal usage of the products.
Filing a Defective Product Lawsuit
If you have been injured due to defective workmanship, manufacturing, or warnings, consult with an attorney who has experience with personal injury law in Atlanta to determine the next steps towards recovering damages through a lawsuit or settlement. During your consultation, you will be able to lay out the details of the accident, the injuries that resulted, and discuss the realistic possibilities of proving this to be an error that stemmed from a defect in the product and not something that is regarded as an exception to liability.