Injured by a Defective Product? Our Experienced Alpharetta Attorneys Fight to Hold Manufacturers Accountable
Every day, consumers across Georgia trust that the products they purchase are safe to use. From the car you drive to work, to the medications you take, to the appliances in your home, we rely on manufacturers to design, test, and produce items that won’t cause harm. Unfortunately, this trust is sometimes misplaced. When a defective product causes injury, victims may have grounds for a product liability claim.
Understanding product liability law is essential for anyone who has been injured by a dangerous or defective product. At Horst Shewmaker, our experienced personal injury attorneys have helped countless clients in Alpharetta and throughout Georgia hold manufacturers accountable and recover the compensation they deserve.
What Is Product Liability?
Product liability refers to the legal responsibility manufacturers, distributors, suppliers, and retailers have to ensure their products are safe for consumer use. When a product has a defect that causes injury or harm, the injured party may be able to file a product liability lawsuit to recover damages.
Unlike typical personal injury cases that require proving negligence, product liability claims often focus on the product itself. If you can demonstrate that a product was defective and that defect directly caused your injuries, you may have a valid claim regardless of whether the manufacturer acted carelessly.
These cases fall under personal injury law but involve unique legal standards. Whether you were injured by a malfunctioning appliance, a recalled vehicle part, or a dangerous pharmaceutical drug, understanding your rights is the first step toward securing compensation for medical expenses, lost wages, and pain and suffering.
Types of Product Defects
Product liability cases typically involve one of three types of defects. Each type presents different challenges and requires specific evidence to prove liability.
Manufacturing Defects
A manufacturing defect occurs when a product departs from its intended design during the production process. These defects typically affect only a small number of products within a batch, making them particularly dangerous because consumers have no way of knowing the product is flawed.
Examples of manufacturing defects include a batch of contaminated food products, improperly assembled medical devices, or vehicles with incorrectly installed braking systems. Even though the product was designed safely, something went wrong during manufacturing that made it dangerous.
Design Defects
Design defects are inherent flaws in a product’s design that make it unreasonably dangerous, even when manufactured correctly. Unlike manufacturing defects that affect individual items, design defects impact every product of that type.
Common examples include vehicles that are prone to rollovers due to their center of gravity, children’s toys with small parts that pose choking hazards, or tools that lack necessary safety guards. When a product’s design is fundamentally unsafe, the manufacturer can be held liable for injuries caused by that design flaw.
Marketing Defects
Marketing defects, also known as failure to warn cases, occur when a manufacturer fails to provide adequate warnings or instructions about a product’s risks. Even if a product is well-designed and properly manufactured, companies have a duty to inform consumers about potential dangers and proper usage.
These cases might involve medications that don’t adequately warn about serious side effects, power tools missing safety instructions, or household chemicals without proper hazard labels. When manufacturers fail to provide sufficient warnings, they can be held responsible for resulting injuries.
Common Types of Product Liability Cases
Product liability claims can arise from virtually any consumer product. At Horst Shewmaker, we have represented clients injured by a wide range of defective products.
Defective Vehicles and Auto Parts
Vehicle defects can have catastrophic consequences. Faulty airbags, defective brakes, tire blowouts, steering system failures, and other automotive defects have caused countless serious injuries and deaths. When a car accident is caused by a vehicle defect rather than driver error, the manufacturer may be liable.
Dangerous Pharmaceuticals and Medical Devices
The pharmaceutical and medical device industries are heavily regulated, yet dangerous drugs and defective medical devices still reach consumers. From recalled hip implants to medications with undisclosed side effects, these cases often involve complex medical evidence and large corporate defendants.
Defective Consumer Products
Everyday household items can become dangerous when defectively manufactured or designed. Exploding electronics, defective appliances, unsafe furniture, toxic children’s products, and malfunctioning power tools are just a few examples of consumer products that have caused serious injuries.
Toxic Substances and Chemicals
Exposure to toxic chemicals in products can cause long-term health problems, including respiratory issues, neurological damage, and cancer. These cases might involve contaminated building materials, dangerous household cleaners, or products containing undisclosed hazardous substances.
Who Can Be Held Liable in a Product Liability Case?
One advantage of product liability law is that multiple parties in the product’s chain of distribution may be held responsible for injuries. This increases the likelihood that injured victims can recover full compensation.
Manufacturers bear primary responsibility for ensuring their products are safe. This includes the company that designed the product, manufactured it, and assembled its component parts. If any step in the manufacturing process creates a defect, the manufacturer can be held liable.
Distributors and wholesalers who purchase products from manufacturers and sell them to retailers can also face liability. Even if they didn’t create the defect, their role in getting the product to consumers may make them legally responsible.
Retailers who sell defective products to consumers may be liable even if they had no knowledge of the defect. Stores have a duty to ensure the products they sell are safe for consumer use.
In some cases, component part manufacturers can be held responsible if they supplied a defective part that was incorporated into the final product. For example, if a defective tire causes an accident, the tire manufacturer could be liable even though they didn’t make the vehicle itself.
Proving a Product Liability Claim
Successfully pursuing a product liability case requires proving several key elements. At Horst Shewmaker, our legal team has extensive experience gathering the evidence needed to build strong product liability claims.
First, you must demonstrate that a defect existed in the product. This often requires expert analysis, product testing, and examination of similar products to show that yours was flawed.
Next, you need to prove that the defect directly caused your injuries. This involves establishing a clear connection between the product defect and the harm you suffered, which may require medical records, accident reconstruction, and expert testimony.
You must also show that you were using the product as intended or in a reasonably foreseeable manner when the injury occurred. Manufacturers generally aren’t liable for injuries resulting from product misuse, though they can be responsible if they failed to warn against foreseeable misuses.
Finally, timing matters. You must demonstrate that the product was in substantially the same condition when it injured you as when it left the defendant’s control. Evidence of proper maintenance and lack of modifications strengthens your case.
Compensation Available in Product Liability Cases
Victims of defective products may be entitled to significant compensation for their losses. The damages available in product liability cases are similar to other personal injury claims but can be substantial given the severity of injuries often involved.
Medical expenses form the foundation of most product liability claims. This includes emergency room treatment, hospitalization, surgery, rehabilitation, medications, and ongoing medical care. If your injuries require future medical treatment, you can seek compensation for those anticipated expenses as well.
Lost wages compensate you for income lost while recovering from your injuries. If your injuries prevent you from returning to work or limit your earning capacity, you may also recover compensation for future lost income.
Pain and suffering damages account for the physical pain, emotional distress, and reduced quality of life caused by your injuries. These non-economic damages recognize that the impact of a product defect extends beyond financial losses.
In cases involving particularly egregious conduct by manufacturers, courts may award punitive damages. These damages are designed to punish the defendant and deter similar dangerous behavior in the future. Punitive damages are most common in cases where manufacturers knew about defects but failed to act.
Georgia’s Statute of Limitations for Product Liability Claims
Time is critical in product liability cases. Georgia law imposes strict deadlines for filing these claims, and missing the deadline typically means losing your right to seek compensation.
In Georgia, you generally have two years from the date of injury to file a product liability lawsuit. However, the specific deadline can vary depending on the circumstances of your case. Some cases may involve shorter deadlines, particularly if government entities are involved.
Additionally, Georgia has a statute of repose that can bar product liability claims brought more than 10 years after the product was first sold for use or consumption. This means even if your injury occurred recently, you might be unable to bring a claim if the product is old enough.
Given these complex timing rules, it’s essential to consult with an experienced product liability attorney as soon as possible after your injury. Early legal guidance ensures critical evidence is preserved and your claim is filed within all applicable deadlines.
Why Choose Horst Shewmaker for Your Product Liability Case?
Product liability cases are among the most complex in personal injury law. They often involve battles against major corporations with vast legal resources, extensive technical evidence, and complicated legal theories. You need an experienced legal team that understands these challenges and knows how to overcome them.
At Horst Shewmaker, our attorneys have successfully represented clients in product liability cases throughout Georgia. We have the resources to investigate thoroughly, consult with leading experts, and build compelling cases that hold manufacturers accountable.
We understand that product liability cases require significant time and financial investment. That’s why we handle these cases on a contingency fee basis. You pay no upfront fees, and we only get paid if we win your case. This arrangement allows you to pursue justice without financial stress while you focus on your recovery.
Our legal team provides personalized attention to every client. We take time to understand how your injuries have affected your life, and we fight tirelessly to secure the compensation you need to move forward. With over 50 years of combined experience and a proven track record of successful outcomes, we have the skill and dedication to handle even the most challenging product liability cases.
Steps to Take If You’re Injured by a Defective Product
If you believe a defective product has injured you, taking the right steps immediately can strengthen your potential claim.
Seek medical attention right away, even if your injuries seem minor. Some product-related injuries worsen over time, and prompt medical evaluation creates important documentation of your condition.
Preserve the defective product if possible. Don’t repair, alter, or dispose of it. The product itself is critical evidence in your case. If the product was destroyed in the incident, document this with photographs before it’s discarded.
Keep all packaging, instructions, and receipts related to the product. These materials help establish when and where you purchased the product and what warnings or instructions were provided.
Document your injuries with photographs and keep detailed records of all medical treatment, expenses, and how your injuries have affected your daily life.
Report the incident to the manufacturer or retailer and keep copies of all communications. Document who you spoke with, when, and what was said.
Finally, contact an experienced product liability attorney as soon as possible. Early legal guidance helps protect your rights and ensures critical evidence is preserved before it’s lost.
Contact Horst Shewmaker for a Free Consultation
If you’ve been injured by a defective or dangerous product, you shouldn’t have to face the physical, emotional, and financial consequences alone. Manufacturers have a responsibility to ensure their products are safe, and when they fail in that duty, they should be held accountable.
At Horst Shewmaker, we’re committed to fighting for the rights of injury victims throughout Georgia. Our experienced personal injury attorneys understand the complexities of product liability law and have the resources to take on powerful corporate defendants.
Don’t let the statute of limitations expire on your claim.
Contact our Alpharetta law firm today at (404) 400-1175 a free consultation to discuss your case. Call us at (404) 400-1175 or visit our website to schedule your appointment. We’re available 24/7 to answer your questions and help you understand your legal options.
Let us handle the legal complexities of your product liability case while you focus on healing. With no upfront fees and our commitment to personalized service, you have nothing to lose and everything to gain by speaking with our team. Protect your rights and pursue the compensation you deserve by contacting Horst Shewmaker today.
