Defective Products Attorney in Douglasville

Consumers spend billions annually on products they trust will perform safely and effectively. From medications to toys to electronics and much more, big brands and small family companies produce millions of products for hard-working Americans like you. If a defective consumer product causes you or a member of your family harm, you do not have to suffer silently, nor should you have to shoulder the financial burdens that a serious injury can cause.

The Douglasville defective product lawyers of Sherrod & Bernard, P.C., are here to protect your rights as a consumer. We fight to hold companies accountable when they fail to design and manufacture products that are safe for use and hurt innocent people as a result. We will fight to seek the compensation and justice that you deserve for all your losses caused by a dangerous product.

Why do so many people turn to the law firm of Sherrod & Bernard, P.C., for help? We believe that it is our reputation for being hardworking, honest, and responsive to our clients. We also know that our clients turn to us because of our commitment to the Douglasville, GA community that we’ve served for more than 31 years. We are on your side, and we fight to protect you and those you love.

If you purchased a product, used it as directed, and were injured as a result, you may be entitled to substantial compensation based on the extent of your injuries. Call us or reach out to us online to schedule a free consultation to discuss your case today.

What Do You Have to Prove in a Defective Product Claim?

Georgia laws allow product liability claims to stem from negligence or strict liability. While consumers don’t have to prove the manufacturer was at fault, they do have to prove:

• The defendant was the manufacturer of record.
• The product was defective when it left the manufacturer’s facility.
• The product’s defect was responsible for injuries sustained by a plaintiff.

In determining the above, there are theories of manufacturer liability that may determine the outcome of your civil claim. That liability will differ between claims of defective design and manufacturing flaws, according to tort law.

With defective design claims, courts will question whether the manufacturer could have implemented different designs that were safer for consumer use. If they could but failed to change the design, their negligence could result in consumers winning their claim.

In manufacturer defect claims, design is not the main factor. Manufacturers who knowingly and willingly allow products with significant problems to hit retail shelves could be held responsible for the damages the defective products cause. However, this theory must be proven for civil claims of injury based on a manufacturer’s flaw to survive.

Common defenses for product liability claims that manufacturers may use include:

• Modifications were made to the product after it left the manufacturer’s facility, thereby nullifying their warranty or responsibility to pay injury claims.
• A victim misused the product, despite having clear instructions on proper use.

What is Tortious Misrepresentation?

If the consumer relied on misinformation in making the purchase, and the product causes injury, the consumer may take civil action to seek damages.

There are three types of tortious misrepresentation:

1. Intentionally misleading the injured party by making statements that are knowingly false about products
2. Failing to accurately convey or assert facts whether statements are true (negligent misrepresentation)
3. A manufacturer’s public announcement regarding the safety of a product that ends up being unsafe

What is the Relationship Between Warranties and Product Liability Law?

Sellers may be liable under product liability law if they warrant products out of false representation. When a consumer purchases the product and the quality is substantially less than what the manufacturer or seller warranted, a breach of express warranty applies. This is civilly actionable, allowing the consumer to pursue damages.

The Uniform Commercial Code backs the consumer regarding merchantability and warranty of fitness. If products fail to conform to UCC standards, and those products were warranted to perform otherwise, consumers who are injured can pursue an action under the UCC.

What Compensation is Available in a Product Liability Case?

Claims where plaintiffs successfully prove manufacturer negligence may be compensated accordingly, with possible monetary awards including:

• Medical bill payments for treatments necessary for recovery, as well as any future procedures or treatments that may be necessary.
• Wage replacement, which is a calculable loss based on how much work was missed or is expected to be lost and what rate of pay the injured person made before their injury. If returning to work at the same capacity is unlikely, the injured victim’s ability to earn will be weighed.
• Pain and suffering, which is a non-economic damage payment. The discomfort, pain, and stress the victim endured are considered when the jury awards this type of compensation.
• Emotional distress, which is to compensate for other psychological damage to the victim. The jury assigns the dollar value.

If injured persons are found to be negligent in any way, their settlement could be reduced by the percentage of liability the jury assigns. For example, if the jury awards an injured consumer $100,000 with 20 percent comparative negligence, they’ll receive $80,000. Should the amount of consumer fault reach 50 percent or more, there will be no compensation awarded.