Whenever you buy something from an online retailer or brick-or-mortar store, you should not have to worry that your product will be unreasonably dangerous to you or your family when used appropriately. But as far too many Georgia residents find out each year, not every product sold meets this standard, and sometimes those defects cause injuries with long-lasting repercussions.
Filing suit against a product manufacturer for a dangerous flaw in something they made and/or sold to you can be a uniquely difficult endeavor, especially without a qualified personal injury attorney’s guidance. By working with a Kennesaw defective products lawyer, you could give yourself much better odds not only of proving liability for the injuries you suffered, but also of recovering comprehensively for every past and future consequence those injuries have for you.
What Damages Could Be Recoverable?
Like parties who cause car wrecks or fail to keep their property reasonably safe for lawful visitors, companies that produce and sell dangerously defective products can be held financially accountable for any harm those products cause consumers. Through successful litigation, it may be possible to seek compensation for both economic and non-economic losses stemming from a defective product, including:
- Emergency medical expenses
- Lost work income during recovery
- Physical pain and psychological trauma
- Personal property damage, including costs of replacing the defective product
- Various effects of permanent disability/disfigurement, including lost earning capacity and lost enjoyment of life
Importantly, strict time limits apply to claims of this nature, as a seasoned Kennesaw product liability attorney could further explain. First, Official Code of Georgia §9-3-33 prohibits virtually all prospective plaintiffs from filing suit over any personal injury more than two years after sustaining harm. Second, O.C.G.A. §51-1-11 prohibits filing defective product litigation more than ten years after initially purchasing the product in question from the manufacturer or receiving it new from a third-party seller.
Establishing Strict Liability for a Defect
Notably, defective product claims in Georgia differ slightly from many other forms of personal injury litigation, in that companies that produce defective products can often be held strictly liable for ensuing harm. This means that instead of needing to prove that a specific negligent act by the defendant company caused their injuries, an injured party only needs to prove that their case meets following criteria:
- A dangerous defect existed in the product’s design, manufacture, or marketing when that product left its maker’s direct control
- The product’s condition did not appreciably change between when it left its maker’s control and when it reached the plaintiff
- The defect was the primary and direct cause of the plaintiff’s injuries
- The damages for which the plaintiff is seeking restitution stemmed primarily and directly from injuries caused by the defect
During a confidential consultation, a defective products lawyer in Kennesaw could go into further detail about how these claims work and what kinds of defects might be legally actionable.
Contact a Kennesaw Defective Products Attorney for Help
Pursuing the compensation you deserve after being seriously hurt by a defective consumer product can be a time-consuming, tiring, and legally complex task. Even if you have substantial evidence that a dangerous defect caused you significant physical harm, turning it into a legal victory may be next to impossible without capable legal support.