Manufacturing companies have a legal obligation to ensure the safety of their products. When they fail to meet this obligation, consumers pay the price. If you or a loved one has been injured by a defective product, contact our Augusta, Georgia based law firm, Nicholson Revell LLP. Our product liability lawyers can help you seek financial compensation for your losses – allowing you to finally move forward from a serious accident and injury.
In product liability law, a consumer has the power to seek justice from the manufacturer or distributor who made or sold a product or item with a defect that injured the consumer. If your lawyer can prove your product liability case in Augusta, you can receive payment from the liable party for your past and future financial losses.
A defective product is one that contains an issue, error, or defect that compromises the safety or health of consumers. It is a product with an error not intended by the manufacturing company, that makes the product unreasonably dangerous. Every day, the Consumer Product Safety Commission announces new recalls for defective and dangerous products. Some of the most common types of defective products are:
Examples of products that have been involved in lawsuits are airbags, seat belts, tires, pesticide sprays, talcum powder, cosmetics, e-cigarettes, food, prescription and over-the-counter drugs, hip replacements, breast implants, and elevators. Any type of product can contain a dangerous defect.
There are two different types of product liability claims: strict liability and negligence claims. A strict product liability claim does not require the plaintiff to prove negligence, or recklessness. In this type of lawsuit, it is enough to show that the item in question contained a defect and caused the plaintiff to be injured. It is not necessary to prove that the manufacturing company was negligent, careless, or reckless.
The strict product liability law is in place to protect the consumers by eliminating the need to prove a large manufacturing company’s negligence or mistake. If the rules of strict liability do not apply to your defective product injury case, however, you will base it on the legal theory of negligence instead.
Negligence in product liability law is when a company’s (or employee’s) careless actions or lack of action causes injury or harm to a consumer in the form of a defective product. If you base your claim on negligence, it is your responsibility to demonstrate that the manufacturing company is guilty of a careless act that caused your injuries or property loss. Your lawyer must prove this through clear and convincing evidence.
In product liability law, you can use the strict product liability doctrine if your lawyer can show that a product contained one of three types of defects, that you were using the product as intended, and that the product gave you or your loved one an injury. The three types of defects used in Georgia product injury claims are:
Evidence of one of these three product defects in a claim may include photographs, videos, eyewitness accounts of the incident, medical records, expert testimony, inspection reports from the manufacturer, and previous consumer complaints. A lawyer from Nicholson Revell LLP can help you gather evidence to meet the burden of proof in your claim.
In a product liability lawsuit, you will most likely be going up against a powerful corporation with an aggressive legal team. The defendant in your case may be a manufacturer, distributor, retailer, or wholesaler. As a plaintiff, it is important to hire a lawyer of your own to level the playing field. A lawyer can investigate your case, gather evidence, and give your case the attention it deserves.
A lawyer understands the legal process in Georgia as well as how to protect your rights and best interests as an injured consumer. Your lawyer can protect you against an insurance company that may use different tactics to try to take advantage of you. Your lawyer will fight for maximum compensation for your injuries and losses while you focus on recovery.
One of the main goals of bringing a product liability claim in Augusta is to recover financial compensation from the liable party. Making the defendant pay for your losses can give you the money and resources your family needs to move on after a bad accident or situation. With help from a lawyer, you may be able to recover compensation for:
If you or someone you love has suffered injuries from a defective product in Augusta, Georgia, find out how the attorneys at Nicholson Revell LLP can help. Request a free consultation online or by calling (706) 722-8784 today. We can answer your legal questions and help you with the next step in the pursuit of justice.