Defective products can result in very serious injuries and even death. This is true even where the customer has followed the directions and used the product exactly as the manufacturer intended. Defective products may include an exploding coffee pot or one whose cord has an electrical short and causes a fire, a dangerous toy that hurts a child, a defective accelerator, brakes, or seatbelt in a car, a sparking toaster, a skin cleanser or skin care product that seriously burns the skin, a malfunctioning water heater (which releases deadly carbon monoxide gas), a construction, HVAC, or other product that contains cancer-causing materials, a medicine or drug that causes unintended and unexpected harm to the patient, etc. These are just a few examples of what is considered a product liability claim. If a company or manufacturer has intentionally, recklessly, or negligently designed, manufactured or distributed a product that bears an unreasonable risk of harm to the customer who buys or uses it, that company or manufacturer may be held responsible.
Such products are often either (i) negligently designed, or (ii) negligently manufactured, or both. If they are negligently designed, this means that they were not designed properly to begin with and create an unreasonable risk of harm to the customer who buys or uses the product. A negligently manufactured product can be designed properly; however, something goes wrong in the manufacturing process and the final product does not match the initial design. These mistakes render the product defective and therefore not suitable for sale.
In some cases, it is appropriate to design, manufacture and release a potentially “dangerous product.” However, you must include adequate warning labels regarding the use of the product (such as are often seen with lawnmowers, fireworks, chainsaws, etc.). In these cases and if a potentially dangerous product does not have appropriate warning labels, then the manufacturer may also be responsible for the injuries caused by the product. This is considered a “failure to warn.”
There are many critical steps that must be followed if someone is injured by a defective product, including preserving the product itself. For example, an injured customer should not return the product to the manufacturer “for testing.” Loss or destruction of critical evidence pertaining to the defective product may prevent you from holding the manufacturer responsible. In these situations, it is important that you have an experienced attorney working for you so that you can recover all of the money damages you deserve.
If you’ve been injured by a defective product, please call 770-982-1800 or e-mail one of our attorneys right away. There is no charge and we would be happy to discuss your case.
* No fee until we win refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client [at the time the case is concluded]. Contingent fees are not permitted in all types of cases.
** These case results reflect the circumstances of each particular case. Your results may be more or less depending on the specific facts of your case.
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Mason & Associates, P.C. has offices in Atlanta, Lawrenceville and Roswell and accepts cases in all of Georgia’s 159 Counties including: Barrow County (Winder), Clarke County (Athens), Cobb County, Dekalb County (Lithonia, Stone Mountain), Fayette County, Forsyth County, Fulton County, Hall County, Henry County, Gwinnett County (Snellville, Lilburn, Duluth, Norcross, Grayson), Newton County, Oconee County, Paulding County, Rockdale County (Conyers), Walton County (Loganville and Monroe).