Atlanta Defective Products Attorney

“David Van Sant and his team are beyond the best attorneys in the greater Atlanta area. They are all very professional and kept me informed  with  every aspect of my case. David took the time to explain things in detail to me as the case progressed until we reached a settlement. I would highly recommend David and his team to anyone who is seeing a personal injury attorney.” 
(Jonathan P. – personal injury client)

In the United States, there is a certain standard of safety and quality that is expected from goods bought and produced. In some cases, these standards are not met and unfortunately, the results may be extremely serious, including personal injury or even wrongful death. At Van Sant Law, LLC, our Atlanta defective product lawyers assist victims and their families through these tough times in aggressively pursuing the product liability damages they deserve. If a defective or unsafe product has caused you or a loved one injury, contact a Georgia product injury lawyer to find out how we can fight for your rights and protect your interests.

Understanding Product Liability Claims in Georgia

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.

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:

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.

The product may have been important evidence in your product liability claim, but it’s not the only possible evidence.

Before you can recover financial compensation for your injuries, you need to prove a specific product caused your injuries. If you no longer have the product that hurt you, then you’ll need other evidence to prove your injury was the type that typically occurs when the product you used is defective.

Some of the evidence that might prove your claim includes:

• Photos of the product. This may prove you had the product in your possession and in some cases, it could establish how you used it.
• Proof of purchase. Your receipt, warranty, or other proof of purchase or ownership can help establish you had the product.
• Records from the product’s manufacturer. These might include design, manufacturing, or marketing materials could establish the product was defective.
• Your medical records. Your medical records explain your injuries and how your doctor believes you sustained them. This can be useful evidence for proving liability and the value of your damages.

Additionally, other documentation such as medical bills, tax returns, and pay stubs can establish the financial value of your damages.

DePuy Orthopaedics Inc., a division of Johnson & Johnson, created a hip resurfacing and total hip replacement system which went on the market in July of 2003. In August of 2010, DePuy issued a recall on their implant systems due to a higher than normal failure rate connected with their product. Many patients who received the hip devices have suffered several side effects and some have required a second hip replacement surgery.

Georgia Product Liability Statute of Limitations

If you were hurt by a defective product, you have the right to pursue a legal recovery from the manufacturer that designed, made, or marketed the product that hurt you. However, your time to file a product liability claim is limited by Georgia law.

Generally, you have two years to file a personal injury claim if you were hurt by a defective product in Georgia. However, there are laws that both limit and extend this general rule.

For example:

• The two-year statute of limitations begins when you found out you were hurt and learned the injuries were caused by the defective product. This is known as the discovery rule. In a Georgia defective product personal injury case, you have two years from the time that you discovered, or should have known, you were injured and that the injury was caused by the defective product.
• Your lawsuit must be filed within ten years of when the product was first sold. This statute of repose applies to some personal injury cases, but doesn’t apply if you were hurt because of a company’s failure to warn about known or potential dangers before selling the product.

If the statute of limitations or statute of repose has expired, you should expect the company you’re suing to raise this as a defense in court. The court will grant the company’s motion to dismiss and you won’t recover financial damages.

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!