We rely on products every day, from household appliances and power tools to vehicles, medications, and medical devices. When a product is defective, however, it can cause serious injuries and significant financial losses. If you were hurt while using a product, you may be wondering whether you have grounds for a defective product lawsuit.
Product liability cases can be complicated, and not every product-related injury results in a legal claim. However, there are several factors that may indicate you should speak with an experienced personal injury attorney.
What Makes a Product Defective?
A product may be considered defective when it has a problem that makes it unreasonably dangerous to consumers. Product defects generally fall into three categories:
Design defects: The product is inherently dangerous because of the way it was designed. Even products manufactured correctly may pose an unreasonable risk because of a flaw in their design.
Manufacturing defects: The product’s design may be safe, but something went wrong during manufacturing. As a result, one or more products may differ from their intended design and become dangerous.
Warning or marketing defects: A product may be defective if consumers are not given adequate warnings or instructions about known risks associated with its use.
A product does not have to completely fail to be defective. In some cases, it can work as intended while still creating an unreasonable risk of injury.
Were You Injured by the Product?
An injury is an important part of a potential product liability claim. If a defective product caused you physical harm, you may have grounds to seek compensation for damages such as medical expenses, lost wages, and other losses resulting from the injury.
For example, a defective power tool could malfunction and cause severe injuries. A dangerous medication could produce an undisclosed side effect. A vehicle component could fail and cause a crash. In each situation, determining whether the product’s defect actually caused the injury is critical.
Did You Use the Product Properly?
How you used the product may also affect a potential lawsuit. Manufacturers can potentially be responsible for injuries resulting from reasonably foreseeable uses of their products, but unusual misuse or modifications may complicate a claim.
If a product caused your injury, preserve it whenever possible. Do not throw it away, repair it, modify it, or otherwise alter its condition. The product itself may become important evidence in determining what went wrong.
You should also preserve the packaging, owner’s manual, instructions, warnings, receipts, and other materials that came with the product.
Who Could Be Responsible?
The manufacturer is not necessarily the only party that could be held responsible for a defective product. Depending on the circumstances, a claim could involve a manufacturer, distributor, retailer, supplier, or another company involved in the product’s distribution.
Determining liability often requires investigating how the product was designed, manufactured, distributed, and sold. It may also require examining whether the company knew or should have known about a potential danger.
What Should You Do After a Defective Product Injury?
If you believe a defective product caused your injury, documenting what happened can be extremely important. Take photographs of the product and your injuries, keep medical records and bills, save proof of purchase, and write down what you remember about the accident.
You should also be cautious when speaking with insurance companies or representatives of the manufacturer. Statements made after an accident could potentially be used in connection with a claim.
Most importantly, do not wait too long to seek legal advice. Product liability claims are subject to legal requirements and deadlines, and important evidence can become more difficult to obtain as time passes.
Talk to a Georgia Product Liability Attorney
If a defective product caused you or a loved one to suffer an injury, you may have the right to pursue compensation. An experienced attorney can investigate the circumstances, identify potentially responsible parties, preserve evidence, and help you understand your legal options.
At Nicholson Revell, we represent individuals and families throughout Georgia who have suffered injuries due to the negligence or wrongdoing of others. If you believe a defective product caused your injury, contact our team to discuss your case.
