Understanding Product Liability Claims
Tens of thousands of people are injured by defective products each year in the United States, many of them right here in Georgia.
If a defective product hurt you or someone you love, you may have grounds for a product liability claim. This type of personal injury civil lawsuit allows victims to seek compensation for injuries and other losses related to the use of faulty or dangerous products.
Under Georgia law, a product that causes injury may be deemed defective due to:
- Design. The design includes a defect that renders the product unreasonably dangerous, regardless of the quality of manufacturing.
- Manufacturing. The product may have been assembled incorrectly by the manufacturer or made of poor-quality, unsafe, or improper components.
- Lack of warning. The product failed to include notices informing consumers of foreseeable harms that could occur as a result of its use.
Designers, manufacturers, marketers, distributors, and sellers are required to ensure their products are safe for consumers when used as intended—otherwise, they could potentially be held liable for accidents and injuries that result. Who’s named as the defendant in a product liability lawsuit varies depending on the circumstances of the case.
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If you are hesitating to call us for help, take a look at our recent case results.
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$275,000 $275k Settlement for Client Involved in Head-on Collision
Settlement for Client Involved in Head-on Collision
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$710,000 $710k Settlement for Claims Involving Injuries From Motorcycle Wreck
Settlement for Claims Involving Injuries From Motorcycle Wreck
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$1,000,000 $1.0 Million for Client With Significant Leg Injury
Client With Significant Leg Injury
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$1,600,000 $1.6 Million Wrongful Death
Anonymous Wrongful Death Case
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$235,000 $235k for Officer Who Was Struck While Directing Traffic
For Officer Who Was Struck While Directing Traffic
Our Defective Product Attorneys Can Help
At Van Sant Law, LLC, our Georgia defective product liability attorneys are assisting patients who received these DePuy products to receive full compensation for the adverse effects of these defective devices. If you received a hip replacement before 2003, you will not be eligible for compensation based on this recall. For those who are eligible, it is important that you contact a knowledgeable personal injury attorney quickly. Some compensation will be paid to patients from the companies involved. These funds, however, may not fully resolve all medical bills associated with the results of the DePuy system or cover blood and other tests that can be required to assess your medical condition. They also do not cover your pain and suffering and any time spent away from work.
The problems with the DePuy devices include a loosening or misalignment of components, bone fractures, pain, dislocation, and infection. Some patients have experienced an allergic reaction to metallic debris from the DePuy system. Others have developed a pseudotumor, a soft tissue mass formed due to the excess of metallic debris. It is best to see your doctor who can perform tests to determine the state of your hip replacement and any side effects from it.
Filing a DePuy Personal Injury Lawsuit
Many lawsuits have been filed against DePuy and you may be informed of the recall from one of the companies involved. We want you to know that it is important to seek the advice of one of our skilled Atlanta product defect lawyers before signing any documents provided by the companies. You may be inadvertently signing a waiver that would prohibit you from getting the full compensation possible, both now and in the future. We offer our help on the basis that you will have to pay no legal fees if we do not obtain compensation on your behalf.
As one of Atlanta’s top defective product law firms, Van Sant Law, LLC is equipped to represent clients throughout Georgia who’ve been injured by a defective product. We have multiple locations in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, Sandy Springs, and Gainesville – Call us today!
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My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable.
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Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
Types of Defective Products
Product liability law (the area of law covering unsafe products) is not limited to retail or manufactured goods. Some defective items that are commonly identified by our Atlanta product defect attorneys are:
- Industrial products
- Defective airbags
- Defective tires
- DePuy hip replacements
- Tools
- Medical devices & instruments
- Automobiles
- Prescription and non-prescription drugs and medicines
- Vehicle components
- Toys and childcare items
There are many other product categories that can be covered by product liability law. Product liability law essentially considers three types of defective product – manufacturing defects, design defects, and marketing defects. Manufacturing defects refer to a defect that has occurred somewhere in the process of construction, even though the design may have been sound. Design defects occur due to a design flaw and are a generic flaw with the product. Unsafe or defective marketing refers to improper or insufficient labeling, instructions or improper safety warnings. Product liability law generally considers matters on a ‘strict liability’ basis, meaning regardless of care exercised, if a defect in the product exists then the supplier or manufacturer will be liable for it.
FAQ
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Does It Matter if the Product That Harmed Me Had a Warranty?
It is not necessary for a product to have a warranty to claim for product liability. If the product’s warranty made representations about the performance or safety of the product, the product must meet these standards. If the manufacturer failed to meet its own standards, it may help your case.
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For What Types of Problems Can I Claim Product Liability?
Although there may be many types of products that can cause injuries, defective product liability lawsuits are grouped into three general categories:
- Defectively manufactured products: A mistake either was made at the factory or at some point before the product was purchased, resulting in a faulty and dangerous product. In these cases, the specific product in question is different from other products that should be identical.
- Defectively designed products: The product is dangerous in some way, even though it was correctly manufactured. These cases do not involve a single faulty product, but rather an entire line of products that are claimed to be unreasonably dangerous.
- Lack of adequate warnings or instructions: The packaging does not give appropriate warnings or instructions regarding the proper use of the injury-causing product. These are sometimes referred to as “defective marketing” claims.
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If a Recalled Product Injures Me, Do I Still Have a Case?
A product recall should not significantly affect your case.
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What If I Didn’t Read a Products Instructions and Got Hurt?
If the instructions were clear and appropriate, then the manufacturer probably has a defense against any legal action, but if there was some defect causing the injury, you may still have a case.
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What if I Modified the Product That Injured Me?
If you modified the product enough so that the alteration contributed to your injury, it could reduce or eliminate compensation. If the modification had no effect, it may not harm your case.
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Who Is Liable If a Product Injures Me?
Manufacturers, wholesalers, and sellers may all be responsible when the product is defective or it presents an unreasonable danger and it causes an injury.
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Why Consider a Product Liability Claim?
While there may be some people who attempt to sue for any little thing, you can rest assured that a product liability must be proved in court and there must be substantial personal injury before any compensation is awarded for damages. There are two good reasons to attempt a product liability lawsuit:
- You should be compensated for the damages you have suffered.
- The company with the faulty product needs to make changes so that other people are not also injured.
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