If you have been injured by a dangerous product, you may have a product liability claim for compensation. Contact Bross, McAllister & Williams, LLC in Atlanta or Suwanee today to schedule a free consultation. Our experienced Gwinnett County product liability lawyers can tell you if you have a case and what damages you may be entitled to claim.
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We have been distinguished with the National Trial Lawyers Top 40 Under 40 award, as a sign of recognition by our peers.
We have a history of success, recovering millions in verdicts and settlements for our clients.
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What Is Product Liability?
Product liability is a legal term that refers to the liability of any and all parties along the chain of distribution for damage caused by a product. Depending on the circumstances, a product liability claim may be based on negligence (failure to exercise reasonable care), strict liability (liability that does not depend on negligence or intent to harm), or breach of warranty (failure to uphold a guarantee that applies to a consumer product).
Types of Product Defects
There are three different types of product defects for which manufacturers and suppliers can be held liable:
Design defects: These defects are inherent in the design of the product and exist before it is manufactured. A design flaw can make a product unreasonably dangerous to use. The plaintiff (injured party) has the burden of proof of a design defect.
Manufacturing defects: Flaws can occur during the process of production or construction of a product. Typically, in such cases, only a few of many products of the same type are defective.
Marketing defects: This type of defect involves failure to warn consumers of latent dangers of the product or failure to provide proper instructions for its use.
Who Is Liable in a Product Liability Case?
One of the most complicated aspects of a product liability claim is identifying parties who may be liable for your personal injuries. It is important to include all potentially liable parties in a product liability lawsuit to increase the chances of recovering full compensation. A Gwinnett County product liability attorney will be able to determine liability for your claim. Responsibility may lie with any and all parties in the chain of distribution (the path the product took from the manufacturer to distribution to the consumer). These parties may include:
Manufacturer: The manufacturer is the party at the beginning of the distribution chain. If the defective product is part of a larger product, both manufacturers may be liable. Also name any consultants, engineers, or other parties who may have been involved in the design, manufacturing, or marketing of the product.
Wholesaler or distributor: These are the middlemen between the manufacturer and the retailer, and there may be any number of them. They are all part of the chain of distribution and potentially liable for your injuries.
Retailer: Even though the store where it was purchased is not the designer or manufacturer of the defective product, the retailer may still be liable. You may have a product liability claim even if you were not the actual buyer, if you were injured when someone else was using the product, or if you purchased the defective product used.