When Product Defects Occur
A product defect can occur in one of three stages, specifically, design, manufacturing and with product instructions or warnings. It is important for consumers to understand how these defects occur. In the design stage, a defect can mean the entire product is dangerous for the public. During manufacturing, the type of raw materials used can render the product dangerous, and during the labeling process, there may be a failure to warn about potential dangers or failure to provide sufficient instructions on the proper use of the product. An example of a potential danger warning would be small parts that can come off and cause choking in children.
Accountability for Defective Products
Anyone who is injured due to a defective product must be able to establish who is responsible for their injury. Liability may involve the company who manufactured the product, a person who repaired the product, or sellers. It is important to note that the category of sellers may also include distributors, wholesalers, or direct sellers.
Establishing Fault in Product Liability
Unlike other cases of personal injury where a victim may have to establish the other party was negligent, product liability suits require the victim to show:
- The product had a defect
- The consumer suffered an injury
- The defect was responsible for the injury
The Right to File a Product Liability Lawsuit
The person who purchases a defective product and is injured by that product can file a personal injury lawsuit. However, the liability does not end there, if you were using someone's blender and it suddenly caught fire because of a defect, you also have the right to file a lawsuit as an injured party. The basis for filing a defective product lawsuit is that a person was using a product as intended, said product was defective, and the user suffered an injury because of the defect.
Monetary and Non-Monetary Damages Possible
When you or a loved one suffers an injury due to a defective product, it is possible to file a lawsuit to collect damages. Some of the damages you may be entitled to recover include medical expenses, damage that was caused by the product to your home, and lost wages. Non-monetary damages, those which did not cost you money may include pain and suffering and loss of consortium. In some instances, your personal injury attorney may also file a lawsuit for punitive damages which is a dollar amount to punish the conduct of the responsible party.
If you or a loved one was injured due to a defective product, contact a product liability attorney anywhere you live. While some of the information contained in this post applies to Georgia law, most states have similar statutes.