An unexpected injury from a defective product can instantly change your life. In addition to grappling with physical pain, you might face mounting medical bills, lost wages, and distressing uncertainty over what lies ahead. It’s normal to feel overwhelmed in situations like these. But remember, you don’t have to face these challenges alone.
The dedicated product liability injury team from Jonathan R. Brockman, P.C. is committed to standing by your side and fighting relentlessly for the compensation you rightfully deserve. With our experience in product liability cases and state law, you can count on us to hold negligent manufacturers accountable and demand justice for your losses.
Let us shoulder your legal burdens so you can focus on your recovery. Reach out to the Fayetteville personal injury lawyers of Jonathan R. Brockman, P.C. at 770-205-2231 today for a free consultation.
The Three Main Types of Product Defects
There are three main types of product defects under product liability law, which include:
- Design Defects: These refer to inherent flaws or errors in a product’s design that make it unsafe to use. In such cases, the defect is present even before the product is manufactured. Establishing a design defect requires proving that a product is inherently dangerous when used as intended or that the risks associated with the design outweigh its benefits.
- Manufacturing Defects: These occur when a product deviates from its intended design due to errors or flaws during the manufacturing process. Manufacturing defect cases focus on abnormalities or deviations that render products from a particular batch or line unsafe.
- Marketing Defects: This type of defect arises when manufacturers or sellers provide inadequate instructions, warnings, or recommendations with a product. A product could be defective if it lacks sufficient warnings about potential risks or proper instructions for safe use.
Common Examples of Defective and Dangerous Products
Product liability cases arise from a vast array of defective products that have caused harm to consumers. While any product can potentially be defective, there are some categories of products and specific items that frequently give rise to legal claims, such as:
- Automobiles and auto parts
- Children’s toys
- Baby cribs and playpens
- Medical devices like pacemakers
- Prescription drugs
- Over-the-counter drugs
- Household appliances
- Power tools
- Lawnmowers and gardening equipment
- E-cigarettes and vape pens
- Food and beverages
- Cosmetics and beauty products
- Tires and wheels
- Elevators and escalators
- Chemicals and pesticides
- Cleaning products
- Firearms and ammunition
- Recreational equipment
- Boats and personal watercraft
- Swimming pool drains
- Flammable clothing
- Furniture prone to tipping over
- Gas and propane tanks
- Asbestos-containing materials
- Contaminated pet food
- Sports equipment
- Space heaters and radiators
What Should I Do If I Get Hurt by a Defective Product?
If you suffer a defective product injury, the steps you take following the injury could dramatically affect the outcome of your potential product liability case. Here’s what you should do to protect your rights:
- Seek prompt medical attention for diagnosis, treatment, and documentation of your injuries.
- Maintain a personal injury journal detailing your recovery and any pain or suffering.
- Keep track of all medical treatments, appointments, and medications.
- Preserve the defective product without trying to fix or alter it.
- Store the product in a safe location away from children and others who might tamper with it.
- Photograph the product, your injuries, and the location where the injury occurred.
- Save all packaging, manuals, and receipts related to the product.
- Document the circumstances that led to the injury accident.
- Obtain witness statements and contact information from anyone who saw you get hurt.
- Notify the retailer and manufacturer about the injury without admitting fault.
- Refrain from posting about the injury on social media or other public platforms.
- Seek legal advice from a product liability attorney in Fayetteville, Georgia.
- Keep copies of any correspondence with manufacturers, retailers, or insurance providers.
- Document any financial losses you incur due to medical expenses or missed work.
- Avoid settling with manufacturers or insurance companies without legal advice.
How Much Is My Product Liability Case Worth?
When you work with a knowledgeable product liability attorney, they can maximize the value of your settlement or trial award by accounting for the full extent of your losses. Depending on the situation, this could mean including the following types of losses in your injury claim:
- Medical bills, past and future
- Lost income
- Lost lifetime earning capacity
- Pain and suffering
- Lost quality of life
How Long Do I Have to File a Product Liability Lawsuit?
If you have been adversely affected by an unsafe product, you have a two-year period to sue, starting from the day the injury becomes evident. If you wait to sue until after the filing deadline expires, the court will likely dismiss your case, eliminating your right to demand compensation.
There’s also a separate, overarching ten-year filing window that starts when you first buy the product. Once this period ends, you can no longer sue liable parties for your defective product injuries, even if you’re still within the two-year post-injury window.
These strict deadlines underscore the necessity of getting professional legal support. When you work with a product liability lawyer, you can trust them to file a timely and compelling case on your behalf.
How a Product Liability Lawyer Can Help
If you sustain a defective product injury, having a product liability lawyer by your side can be a game-changer. Here are some ways a product liability lawyer can support you and your case:
- Investigating the product’s chain of custody to identify irregularities
- Analyzing medical records to determine the extent and implications of your injuries
- Identifying all possible sources of compensation
- Reviewing similar past cases for reference and precedent
- Gathering and preserving critical evidence related to your injury
- Interviewing and preparing witnesses for testimony
- Consulting with experts to understand and highlight the product’s defects
- Communicating with manufacturers, distributors, and retailers on your behalf
- Negotiating settlements with opposing counsel or insurance companies
- Evaluating offers and advising you on the benefits and drawbacks of settlement vs. trial
- Drafting and submitting demand letters to responsible parties
- Challenging any attempts to dismiss or reduce your claim
- Ensuring timely filing of all necessary legal documents
- Representing you in court hearings and trial proceedings