Why Do Product Liability Cases Exist?
Product liability cases can unfortunately happen to just about anyone, and they’re always unpredictable. Whether it’s a child, a student, a parent, or an employee, defective consumer and commercial products can cause major harm. Cheves Briceno has seen cases of many kinds, including auto parts, medical devices, consumer technologies, and even food and drugs. These types of product liability claims are some of the more common examples of what we have seen, but there are many more out there that are considered personal injury cases. If you or a loved one has been injured in a product liability case in Georgia, Cheves Briceno has an Atlanta product liability lawyer to help resolve the case on your behalf.
How Can Product Liability Cases Occur If Products Are Cleared by the Government?
Unfortunately, not all products that are available to purchase on the market are cleared by the FDA (Food and Drug Administration) or by other government agencies. The FDA has approval control over various food and drug products, certain medical devices (those within class 2 or 3 only), cosmetics, as well as electronic products that emit radiation. The catch here is that the FDA is able to regulate certain classes of “high-risk” products while leaving others without any regulation other than basic controls. In addition, manufacturing facilities are not inspected independently by the FDA. While the FDA has the oversight authority to inspect regulated facilities to verify that they are in compliance with current manufacturing practices, many manufacturing facilities go under the radar.
The NHTSA (National Highway Traffic Safety Administration) is the agency that oversees vehicle safety use, while the FMVSS (Federal Motor Vehicle Safety Standards) is the set of US federal regulations put in place for the design, construction, performance, and durability requirements for motor vehicles. Many would believe that with this many regulations in place, defective parts would not be a worry. However, it is noted that since 1966, over 390 million vehicles have been recalled by the NHTSA. This is one of the reasons why having a dangerous product attorney Atlanta team member from Cheves Briceno on your side is imperative to resolve your case correctly.
Product Liability vs. Manufacturing Negligence
Once the court asks the question of “how did the injury occur,” the second part of the case that the court will attempt to understand regarding your case will be “was it the product design or was it something that had to do with the manufacturing of the product itself?” This is where product liability cases get to the “gray area.” Having an Atlanta product liability lawyer from Cheves Briceno to aid in your defense during this portion of the case will help your case immensely.
Overall product liability cases refer to the liability of any parties along the string of the design and manufacturing processes for damages or injuries caused by said product. Nowadays, types of product liability cases have surpassed tangible products and entered into the realm of gas, pets, homes, and certain written items as well.
For cases of negligent manufacture, the manufacturer would be the one responsible. This can be proved only if it can be proven that the manufacturer allegedly did not use reasonable care while manufacturing the given product. In a case of negligent manufacture in Georgia, manufacturers are held strictly liable for their wrongdoing in the manufacturing process of a defective product that caused potential harm to the plaintiff.
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What Steps Must Be Taken to Prove Product Liability Cases In Georgia?
All types of product liability cases are different, but there are certain consistencies that tend to be followed when dealing with cases of these matters. In order to prove product liability for your case, the plaintiff must prove that the defendant is strictly liable for the defect. Strict liability is the doctrine in Georgia that ultimately allows an injured person to sue a manufacturer, distributor, or retailer in the case of a defective or dangerous product.
Once strict liability has been applied, product liability cases fall under 3 main categories of product defects, including design defects, inadequate warnings, and manufacturing defects. Cheves Briceno’s dangerous product attorney Atlanta team will work with you and your case to determine the best course of action for you. Further explanations of all 3 categories are listed below.
- Design Defects:
- These types of product liability cases allege that the design of the product is fundamentally dangerous and defective, leading to the reason why the injury took place. The plaintiff must prove that the design of the product itself directly and inherently caused damages.
- For example, if a car with 3 wheels was created without the proper weight distribution and caused an injury to someone driving it, it could come down in court that an alternative design could have been made with the proper weight distribution to avoid possible injuries. Since the design did not take that into account, there could be liability held there.
- Inadequate Warnings:
- These types of product liability cases allege that the marketing and warnings around the product(s) were not adequate enough to warn consumers of the potential issues and defects, leading to exposure of injury or harm.
- For example, if there is a cleaning solution created that contains toxic chemicals or compounds and the manufacturer did not make adequate awareness of the toxicity, liability could be held there.
- Manufacturing Defects:
- These types of product liability cases allege that the product defect was caused during the manufacturing process, not in the product design itself. These cases point to negligent manufacture, which deems the design of the product to be safe but instances occurring during the manufacturing process created a dangerous or defective product that caused harm to one person or a group of people. These cases may exist in a singular instance, a few batches, or an entire product line.
- For example, if a smartwatch was designed safely (and proven to be) but mysteriously was exploding on people’s wrists, a manufacturing defect may be detected. It could be the cause of using cheaper materials than the design proposed, omitting materials altogether, or another instance.
Contact An Atlanta Product Liability Lawyer at Cheves Briceno Law Today
Product liability cases are to be taken seriously and should only be handled by the experts. The attorneys at Cheves Briceno Law are well-versed in strict and product liability and will fight for you to get the compensation you deserve following injury or harm. Reach out to one of our dangerous product attorney Atlanta team members today to determine how we can approach your case. If you or a loved one has been the victim of a defective or dangerous product, please contact us by scheduling an appointment for a case evaluation today!
• Motorcycle accidents
• Car accidents
• Pedestrian accidents
• Bicycle accidents
• Truck accidents
No matter where you are at in the process, the best thing you can do is talk to a knowledgeable attorney. We can examine your case and discuss all potential options. Depending on your situation, you may be entitled to compensation. This can include payment for medical expenses, lost wages, and pain and suffering. Our attorneys will do everything in their power to fight for the best possible result. We will not back down from a challenge.