Defective Product Attorney in Macon
Defective products cases fall into the legal category of product liability. The state of Georgia takes a strict liability approach to defective products. A manufacturer is responsible for any damage caused by a defective product. To obtain compensation in any product liability case, a plaintiff must:
- Establish the defendant as the product manufacturer,
- Prove the product was defective when the manufacturer passed it along, and
- Prove the defect caused the plaintiff’s injury.
The hoverboard toys that were so popular during the holiday season of 2015 provide a good example of product liability. The boards were in the news constantly for exploding, and in some cases, burned down people’s homes. The boards were not intended to explode. Unless a consumer tampered with the product prior to using it, the responsibility for resulting damage and injuries falls on the shoulders of the manufacturers.
You would not, however, be able to hold the manufacturer liable for someone’s negligent use of the toy. For instance, if someone who did not know how to ride the device crashed into a neighbor’s vehicle, the rider is the one responsible for damage.
There are three primary categories of defective products that a plaintiff can pursue:
- Design defect – The design of the product was unsafe or flawed, which presents a real risk to consumers.
- Manufacturing defects – The way a product was manufactured was not in keeping with the design and created dangerous circumstances.
- Warning defect – The product lacked adequate warning or instruction to keep the consumer safe.
Types of Defective Product Cases
At Nelson & Smith, we handle all types of defective product cases including:
- Automotive defects such as tire defects, fuel tank defects, and malfunctioning parts defects.
- Consumer products including defective toys, appliances, and furniture as well as inadequate warnings on household cleansers and food items
- Work-related products including defective tools, machines, and equipment
The inherent danger of a product is not grounds for a product liability case. For instance, aerosol fumes are dangerous to inhale, dynamite is explosive, and arsenic is a dangerous chemical. However, these products often come with warning labels that clearly indicate the associated danger. In some cases, such as certain over-the-counter medicines, you must prove your age to make a purchase. A product is only considered defective if the inherent danger is inadequately addressed or if the product does not contain what it says it contains.
What to Do After a Defective Product Incident
After taking care of your injury, ask someone to preserve the product evidence. Do not throw away an “allergen-free” food product that contained peanuts or a toaster that caused a kitchen fire. Any evidence that is left may prove manufacturer liability. Contact an attorney as soon as possible.
Many people throw away defective products, because they think they will never win against a corporate giant. At Nelson & Smith, we know what it takes to go against a large manufacturer and succeed. We believe that every consumer is entitled to safe products with adequate warnings that are easy to understand and use. When a product fails to meet standards for safety, a manufacturer deserves to face responsibility.
We take all our cases on a contingency fee basis. You won’t pay a dime unless we secure compensation on your behalf. Product liability claims are difficult to prove and may take time, but they often kick-start real changes in the manufacturing and oversight processes and provide our clients with fair compensation for their pain and suffering.
Pursuing a case could prevent others from experiencing the same incident or injury. If you or a loved one has been injured because of a defective product at home or at work, contact our office in Macon today for a free case evaluation.