Gwinnett County Product Liability Attorney
To file a product liability claim, you must be able to prove that a defective or dangerous product caused you injury. Several different theories exist to help injured parties hold manufacturers liable for damages. A Gwinnett County product liability attorney at the Law Offices of John Morrison, LLC can help you explore your options and which party is responsible for your damages.
What are the theories of liability in products liability cases?
Five different legal theories can apply to a product liability case.
Breached Express Warranty:
An express warranty is essentially a guarantee by the manufacturer that the product will do something. For example, a tire manufacturer may claim that its tires will last 80,000 miles. If tire failure after 30,000 miles causes an accident and subsequent injuries, you may be eligible for compensation.
Breached Implied Warranty:
Different from express warranty, an implied warranty is a claim that a product will perform the task the manufacturer designed it for, i.e., an oven will heat food or that the product is in working order. If your oven catches fire (while you are using it correctly) and you suffer burns, you may be eligible to recover compensation.
Strict Product Liability:
Claimants often bring product liability cases under the theory of strict liability because claimants need only prove that:
a. The claimant used the product correctly
b. The defects were in place when the manufacturer placed the product on the market (and the product remained unchanged).
c. The product caused harm to the injured party while using it correctly
Claimants do not need to prove that the manufacturer was negligent in some way under the theory of strict liability.
Under a theory of negligence, a plaintiff must prove:
a. That the defendant owed the injured party a duty of care (for example, to sell a safe product)
b. That the defendant breached that duty by acting negligently (e.g., negligent manufacturing practices made the product dangers)
c. That the defect caused the injuries to the party or their property
d. That the claimant suffered damages as a result
If a manufacturer or seller misrepresents the product or conceals certain facts and you suffer harm as a result, you may be eligible to recover compensation.
Claimants may be able to name designers, manufacturers, retailers, and distributors in a product liability action. For help determining the liable party, contact a Gwinnett County product liability attorney.
What are potential types of defects?
There was a flaw in the design that caused the injury. An example could be an electric heating pad that gets hot enough to start a fire instead of only reaching a certain temperature.
Defective manufacturing means that something went wrong during production. Examples of manufacturing defects might include situations of product contamination or rolling chairs with unattached wheels that caused injury when the claimant sat on the chair.
Failure to warn/caution:
The manufacturer did not include warnings or cautions with the product. For example, manufacturers place a remote controlled car on the market. Manufacturers know that users can only charge the car for two hours without it overheating and catching fire, but they do not include warnings or instructions about the issue.
What are potential types of product liability cases?
Product liability claims can involve the following.
- Assistive Devices
- Consumer Products
- Food & Consumables
- Household Devices
- Medical Devices
- Pharmaceutical Drugs
To begin your claim, speak to an attorney at the Law Offices of John Morrison, LLC in Gwinnett County. Contact us today at 770-951-8900.