Product liability is a type of law related to injuries that occur to consumers because of defective or dangerous products.
Who is liable for a defective or dangerous product? Any or all parties involved in making, distributing, and selling them.
Consumer laws require products to meet ordinary expectations of a consumer. Normal consumers do not expect the product they’re buying to be defective or dangerous to their health.
The attorneys at Hinton & Powell have successful proven product liability and won just compensation for victims of dangerous and defective products in multiple cases across Georgia.
The three types of product liability defects include:
When the injuries caused by a product have occurred because of problems with the way it was made, these are called manufacturing defects.
Manufacturing defects occur during the assembly process where neglect or error has resulted in a safe product design being improperly built.
The liable party for manufacturing defect claims is the manufacturer. However, the consumer typically must prove they were using the product for its intended purpose within legal limits and per safety instructions provided.
These types of cases can be difficult to prove as defective products are often not intact after causing an injury. Hinton & Powell has the knowledge and resources to fight these types of cases.
When injuries occur because of a product with a flawed design, the product is said to have design defects.
Defective design products failed to meet consumer expectations because of the way they were designed and not the way they were manufactured.
These product liability claims state that the entire line of products is not safe for consumption. An example of a design defect would be a space heater that catches fire because it was not designed with an automatic shut-off to prevent it from overheating.
Product marketing defects are commonly referred to as “Failure to Warn”, and this type of liability includes products that do not provide proper labeling or safety instructions.
Warnings and safety instructions provide consumers with appropriate expectations and limit the liability of both manufacturers and retailers.
Some products present inherent dangers that make them potentially unsafe, but altering them would not allow them to be used for their intended purpose. These products are not considered to be defectively designed, but they must provide proper warning to the consumer.
Additionally, some medicines cause harmful effects or injuries when combined with certain other types of medication. It is the company’s responsibility to provide warning of these harmful medicine combinations.
If you believe you’ve been injured or harmed because of a product that was defectively designed, improperly manufactured, or which did not warn you of its dangers, you may have a case for a product liability lawsuit.
Contact the product liability experts at Hinton & Powell to request a free consultation today.
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