Atlanta Product Liability Lawyers
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Learn More About Graham Scofield Injury LawyersAbout the Firm
Federal and State Laws Related to Defective Products
Many federal laws protect the public from harmful products. A few of them include the Uniform Commercial Code, Consumer Product Safety Act, Consumer Product Safety Improvement Act, Federal Hazardous Substances Act, Labelling of Hazardous Art Materials Act, Child Safety Protection Act, and Poison Prevention Packaging Act.
Georgia also has enacted its own product safety laws. Georgia Code §51-1-11 provides that you do not need to prove “privity” to file a defective product lawsuit. Essentially, that means that you do not have to prove that you purchased the product. You might still be able to recover if you received the product as a gift or borrowed it from a friend.
Theories of Liability
Many businesses are held responsible for the injuries caused by their defective products. However, the reason why a business is liable depends on the applicable laws and the facts of the case. Many product liability cases in the U.S. are based on a negligence theory. A negligence claim alleges that the defendant did not behave in the manner it should have, which ultimately led to your injuries. You must prove the business should have obeyed its duty of care to you, and that its production of the defective product violated its duty of care. You must also prove that the breach of the business’s duty directly and proximately caused your injuries.
However, under Georgia state law, you do not ordinarily have to prove product liability negligence. Georgia holds manufacturers strictly liable for their defective products. If the manufacturer is responsible for producing the product, then it is also responsible for the injuries its product causes.
In Georgia, you may obtain compensation for your injuries if you can prove:
- The product was defective at the time you suffered an injury.
- The defect caused the injury.
- When the product injured you, it was mostly in the same condition as it was when it left the manufacturer’s production facility.
- You used the item as the manufacturer intended it to be used.
To learn more about filing a product liability claim pursuant to Georgia state law, contact product liability law firm Graham Scofield Injury Lawyers.
Product Liability Compensation
After you are hurt or you’ve lost a loved one due to a defective product, you are surely feeling overwhelmed. If you are the injured victim, you must concentrate on your medical care and recovery each day. If you lost a relative, you are grieving and trying to imagine your future without them. If that stress wasn’t enough, you are likely receiving lots of medical bills from your providers. A defective product accident can also be financially devastating if it puts you out of work for a long period or causes the loss of the breadwinner in the family. At Graham Scofield Injury Lawyers, we understand that money is the last thing you want to worry about, but if you don’t take immediate steps to recover your losses, you might face the awful prospect of filing bankruptcy. Our product liability attorneys are here to help you fight to obtain compensation to cover your economic and non-economic damages.
If you or your loved one were injured, we will pursue compensation for:
- Lost wages and diminished earning capacity
- Past, present, and future medical costs
- Pain and suffering
- Permanent disability or disfigurement
- Property damage
If you lost a loved one because of a defective product, then you may recover compensation for:
- Loss of companionship
- Mental anguish
- Loss of guidance and nurturing
- Funeral and burial expenses
- Loss of benefits
Contact Graham Scofield Injury Lawyers for Help
If you were injured in an incident with any type of defective product, your next step should be to contact a product liability attorney. By working with a lawyer right away, you have someone on your side who knows the law, knows how to protect your rights, and knows how to build the strongest possible case for you so that you can obtain you maximum compensation for your injuries or loss. A product liability claim is too large a burden for anyone to handle other than an attorney that specializes in product liability law. At Graham Scofield Injury Lawyers, we are here to help and offer our services on a contingency fee basis. We do not get paid unless we win your case.
We represent individuals in Atlanta, Fulton County, DeKalb County, Clayton County, Gwinnett County, Cobb County, and throughout Georgia. Call us at (404) 939-9470 or use our online form to schedule a free case consultation.