A defective product does not necessarily mean that the product itself is faulty. Product defects can stem from some form of negligence or oversight at some point during the design, manufacture, or sale of a product. Product liability claims typically involve the following:
- Manufacturing defects, in which an error is caused during the assembly process
- Design defects, which are a result of a flaw in the original design or blueprint of an item. These defects are generally found in all manufactured products of this particular company
- Failure to warn of potential risks of the product
- Breach of warranty, including express and implied warranty
- Improper or falsely branded warning label, such as one not close to the area of hazard
If you have been hurt by a defective product:
- Seek medical treatment for your injuries. Keep detailed notes about your pain and doctor’s visits.
- Do not get rid of the product. We may need to send the product to an expert.
- Gather any documentation you have regarding your purchase of the product.
In the state of Georgia, the plaintiff must prove:
- There was an injury.
- Someone or the product was defective.
- Someone was at fault for what happened.
- The cause of the injury was, in fact, the defective product.
Product liability cases are complicated and typically require research, experiments, accident reconstruction, and testimony by experts.
When multiple people are making similar claims against a product, a class action lawsuit may be appropriate.