Nobody in the Atlanta area should have to worry about buying or using a consumer product due to the risk of injury from a safety defect. Yet defective consumer products are sold much more often than you might think, both at retail stores and in secondhand marketplaces. In some circumstances, those products are known to be defective because they have been subject to recalls, while others cause significant harm before a recall can be issued (and in some cases, recalls never occur).
If you or someone you love sustained a personal injury caused by a defective product, what steps do you need to take in order to file a claim? Our experienced Atlanta personal injury lawyers have years of experience handling product liability claims and can provide you with more information.
1. Stop Using the Product
It may seem obvious, but you should, in most cases, stop using the dangerous or defective product immediately. If the defective product is a medication, it is important to seek advice from your health care provider. For other types of consumer products, such as children’s clothes or toys, household appliances, motor vehicles, and similar items, you should cease use of the product as soon as possible and abide by any recommendations in a recall notice if a recall notice has been issued.
2. Understand the Types of Product Defects
You should learn about the types of product defects that exist in order to gain a better understanding of your options for filing a claim and who may be liable. In general, the types of product defects include:
- Design defects, with a defect in the design of the product;
- Manufacturing defects, with a defect that occurs when the product is being manufactured; and
- Marketing defects, which are also known as a failure to warn, involve product labeling defects or marketing issues in which consumers are not properly warned about risks associated with the use of the product.
3. Determine the Theory of Liability You Will Use in Your Case
Next, you will need to determine the theory of liability you will use in your case. Under Georgia law, product liability lawsuits based on manufacturing defects allow the plaintiff to use a theory of strict liability to file a claim. Otherwise, you may be able to use a theory of negligence or a breach of warranty. Your lawyer can provide you with more details and can evaluate your case.
4. Hire a Product Liability Lawyer in Atlanta to File a Claim
You should hire a product liability lawyer as soon as possible to begin the process of filing your claim for compensation.
Contact Our Product Liability Lawyers in Atlanta
Were you harmed by a defective product? You could be eligible to file a personal injury lawsuit with assistance from an experienced Atlanta product liability lawyer. One of the advocates at our firm can evaluate your case for you today, and we can help you to determine the appropriate theory of liability in your case before moving forward with a lawsuit against the designer, manufacturer, or retailer of the dangerous product. Contact Stewart Simmons Trial Attorneys online or call our firm at (404) 529-3476 for more information about filing a product liability lawsuit.