Product Liability

In the twentieth century, as products became increasingly sophisticated and potentially dangerous, and as the separation between production and consumption widened, product liability became very important for both the manufacturers and the consumers.

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. When a product is defective and causes damage or injury, the designer, manufacturer, or distributor may be held liable. Georgia law entitles persons who are injured by a defective product to recover general or special damages. It is because of lawsuits against manufactures, such as the automotive industry for defective and unsafe vehicles, that has resulted in the car industry correcting the situation by manufacturing safer vehicles which have resulted in less deaths and personal injuries. Consequently, there are less personal injury or wrongful death lawsuits arising out of defectively unsafe automobiles. At Falanga and Chalker, we have been involved in righting this wrong and have handled products liability cases against the major automotive manufactures and have received large awards of adequate compensation for injured victims. Since product liability law is complex, it is important to consult with one of our experienced product liability attorneys at Falanga and Chalker if you have been injured by a defective product.

Falanga and Chalker attorneys can help you move forward quickly and ensure that your claim is filed within the statute of limitations. There are four different areas or cause of action that a products liability claim can be based on. They are: Negligence, breach of warranty, misrepresentations, and strict tort liability. Negligence is when an individual who had a legal obligation either omitted to do what should have been done or did something that should not have been done. A manufacturing company can be found negligent if their employees did not perform their work properly and an unsafe product was made. Breach of warranty refers to the failure of a seller to fulfill the terms of a promise, claim, or representation made concerning the quality or type of the product. Misrepresentation in the advertising and sales promotion of a product refers to the process of giving consumers false security about the safety of a particular product, drawing the attention away from the potential hazards of the product. Strict liability involves extending the responsibility of the vendor or manufacturer to all individuals who might be injured by the product, even in the absence of fault.

The most serious product liability cases and settlements in recent years have involved class action lawsuits filed against major manufactures of automobiles, pharmaceuticals, and dangerous medical devices. Defective products can extend to virtually every corner of the marketplace and result in injuries, from minor burns and lacerations to serious brain and spinal cord injuries.

Examples of defective products include:
  • Defective Auto Parts
  • Defective Medical Devices
  • Toxic/Chemical Exposure to Dangerous Products
  • Defective Drugs
  • Defective construction equipment/machinery and power tools
  • Dangerous or defective toys
  • Defective kitchen, bathroom, and other household appliances

Despite the presence of strict federal and state regulations and consumer-oriented protection agencies, defective products still make their way to millions of consumers each year. We are all consumers, after all, who profit greatly from living in an industrial society. Product liability is complex and most of us regard it with a high degree of ambivalence. So if you have a product liability case and live in the state of Georgia, contact the experienced attorneys at Falanga and Chalker.

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