Products are everywhere, and we depend on them for security, health, transportation, and enjoyment. When the products we use are safe and reliable, they improve our daily lives. However, when manufacturing or design flaws make our products dangerous, the results can be catastrophic. Injuries from faulty products can lead to life-altering and even fatal injuries. When the unthinkable happens, you have a right to seek compensation for what you’ve suffered.
Working with an experienced Georgia product liability lawyer at Bayuk Pratt can help you pursue every cent you deserve. Our attorneys have considerable insights into the complex world of defective product claims, and we are ready to put our skills to use for you. Call us today or contact us online for a free consultation to learn more about what we can do for you.
Benefits of Hiring a Georgia Product Liability Law Firm
While injury victims have the right to recover compensation for injuries resulting from a product defect, they often face intense and overwhelming resistance from manufacturers and their insurers. Injured individuals without legal representation may have to contend with frustrating delays or unfair denials, as insurance companies do everything possible to avoid liability.
When you hire a skilled defective product lawyer to handle your claim for you, insurers will take note. By enlisting the services of the attorneys at Bayuk Pratt, you have the added benefit of a team with an understanding of the inner workings of corporations and their high-powered insurance companies. That’s because founders Frank Bayuk and Bradley Pratt were formerly partners at two of the top defense law firms in the world. We were experts at helping companies reduce or eliminate their legal exposure, so we know the tactics defendants and their insurers employ — and we know how to fight them and win.
Our lawyers can maximize your case’s chances of success by:
- Investigating the dangerous product and how it caused your injury to determine who is liable
- Calculating the value of your claim, factoring in past, present, and future losses, so that you do not settle for less than you deserve
- Handling communications with the insurance company to protect your rights and negotiate a fair settlement package on your behalf
- Taking the at-fault party to court if they or their insurer does not offer you the compensation you deserve for your injury
Our legal team will provide dedicated support for you as we handle every aspect of your case, allowing you to focus on your healing journey. Further, we won’t charge you any legal fees unless we win your case first.
What Does Product Liability Mean?
Product liability denotes the legal responsibility manufacturers, distributors, and sellers have toward consumers harmed by their dangerous or defective products. When a product fails to meet reasonable safety expectations due to a flaw in its design, manufacturing process, or marketing, the parties in the supply chain responsible for that failure can be liable for injuries or damages caused by the product.
Product liability laws exist to protect consumers and encourage companies to prioritize safety in the development and distribution of their products. By holding businesses accountable, product liability claims help ensure that only safe, reliable products enter the market.
What Compensation Can I Recover for Defective Product Injuries?
The adverse consequences of a defective product injury can be considerable. Depending on the nature and scope of the harm you have suffered, you could be owed compensation for a wide range of losses, including:
- Medical expenses relating to diagnosing and treating your injury, as well as providing ongoing assistance and rehabilitative support
- Lost income if your injury has forced you to miss time at work
- Reduced earning capacity if you are incapable of returning to your previous job
- Physical and emotional pain and suffering
- Disability and disfigurement
- Loss of enjoyment of life
Product liability cases in which a defendant’s actions have displayed willful misconduct, fraud, malice, or a conscious indifference to the consequences of their actions may result in the award of punitive damages. In most injury cases, Georgia caps punitive damage awards at $250,000, but this cap does not apply in product liability cases. However, the claimant is only eligible to receive 25 percent of the punitive damage award, with the remainder going to the State of Georgia.
What You Should Do If a Defective Product Hurts You
If a defective product has injured you, your top priority should be seeking medical attention for your injuries. Keep detailed records of your treatment, such as medical bills, medication prescriptions, and doctor’s notes.
Preserve the defective product, if possible, as it may serve as crucial evidence in your case. Document the incident thoroughly by taking photos of your injuries and the product, and write down your recollection of the events leading up to the injury.
Finally, contact an experienced product liability attorney who can assess your case, safeguard your rights, and seek fair compensation for your losses.
Who Is Liable If I Am Injured or Damaged by a Defective Product?
Determining liability in a defective product case depends on the nature of the defect and where it occurred in the supply chain.
- Manufacturers are typically liable for design and manufacturing defects, as they are responsible for creating a safe product.
- Distributors and retailers can be held liable for selling a defective product if they knew or should have known about the defect.
- Multiple parties may share liability in some cases. For example, if a manufacturer produces a defective component that is then integrated into another company’s product, both the component manufacturer and the final product manufacturer could be liable for resulting injuries and losses.
What Are Common Examples of Defective Products?
Defective products can range from everyday consumer goods to complex medical devices to motor vehicles. Some common examples include:
- Auto Components – Faulty brakes, airbags, seatbelts, or tires can lead to serious accidents and injuries.
- Medical Devices – Defective hip implants, hernia mesh, pacemakers, and surgical instruments can cause severe complications and health issues.
- Child Products – Poorly designed or manufactured toys, car seats, cribs, or strollers can put children at risk of injury or worse.
- Pharmaceuticals – Medications with dangerous side effects, improper labeling, or toxic contamination can harm patients who rely on them for treatment.
Other examples include defective household appliances, power tools, electronics, and personal care products that can cause fires, electrocutions, or other injuries.
What Are the Different Kinds of Defective Product Liability Claims?
There are three primary types of defective product liability claims:
- A design defect occurs when a product’s design is inherently flawed or dangerous, even if manufactured according to specifications. These defects affect an entire product line.
- A manufacturing defect happens when a product is improperly manufactured or assembled, deviating from its intended design. These defects typically affect a specific batch or unit of the product.
- A marketing defect, also known as failure to warn, arises when a product lacks adequate instructions, warnings, or safety labels regarding its proper use and potential hazards. Insufficient or misleading information can lead to preventable injuries.
Each type of defect requires a specific legal approach and evidence to prove liability and secure compensation for the injured party. A knowledgeable product liability attorney can determine the most effective course of action for your claim.
What If a Family Member Dies as a Result of a Defective Product?
Losing a family member due to a faulty product can be emotionally traumatic. For dependents, such a loss can also be financially devastating. A compassionate and skilled product liability attorney can give you the support you need at this challenging time by filing a product liability wrongful death lawsuit on your behalf. While no legal action or financial award can undo the pain of losing a loved one, a successful wrongful death claim can allow you to recover compensation for your financial and emotional losses. It can also allow you to hold the at-fault manufacturer or distributor accountable for their actions and prevent others from suffering as you have.
How Long Do I Have to File a Defective Product Liability Claim in Georgia?
Georgia’s statute of limitations for product liability claims requires injured individuals to file a lawsuit within two years of the injury date. If you do not initiate legal action before this statutory deadline passes, the court will likely bar you from recovering the compensation you deserve. Consulting with a knowledgeable Georgia product liability attorney as early as possible can help you determine whether any exceptions apply to your case and prevent you from running out of time to file.
