If You Were Injured By a Defective or Dangerous Product You Deserve Compensation for Your Damages

There are a myriad of products that we all use in our day-to-day lives that have the potential to inflict severe injuries, all because of a single defect. Consumers put a great deal of faith into these products and believe that safety standards and other measures will keep dangerous defects from showing up in the products they use. Unfortunately, every product liability lawyer knows too well—thousands of people are harmed each year by dangerous defects present in everyday products ranging from home appliances to toys.

These defective products can cause severe injuries that would have been entirely avoidable had the makers or sellers of a product not been negligent. In many other cases, products can inflict injuries because of unavoidable defects. Regardless of this, those who have been injured by defective products may be able to seek compensation for the damages they have suffered if they file a product liability lawsuit.

If you or a loved one has suffered an injury caused by a defective product, do not hesitate to contact Turnbull, Holcomb, & Moak today at (205) 831-5040 or online for a free case evaluation to discuss your rights and options further.

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What Is Product Liability?

Consumers have rights and expect that the makers and sellers of various products be held accountable when their products cause severe injuries due to defects. Product liability is the legal responsibility of those who made, designed, or sold a product to consumers, which ended up injuring them because of a defect. Product liability will typically require some type of defect in the product in question in order for its maker, seller, etc., to be considered liable. Products that have been altered in some way or not used as intended will often exempt their makers and sellers from product liability.

If a product causes a consumer to suffer an injury because it is defective in some way, then the makers and sellers of that product can be considered liable for the consumer’s damages regardless of whether or not negligence on their part caused the defect, thanks to what is known as strict liability.

Filing a Product Liability Lawsuit

Product liability lawsuits have several criteria that must be satisfied before attempting to seek compensation. First of all, the injury or injuries suffered need to be severe enough to warrant going through the long, taxing legal process a lawsuit demands. While some defective products can cause severe injuries, many can cause damage that may not be worth filing a lawsuit over.

With that said, mild injuries can sometimes cause significant damage due to how they affect a person’s ability to work, which can lead to severe losses. The best way to determine if your defective product injury is worth filing a lawsuit over is to consult with a product liability lawyer.

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Monumental Victories Nationwide

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$2,665,000 Settlement

Atlanta, Georgia

Proving Negligence and Product Liability

Product liability lawsuits require that a plaintiff be able to prove that the product they were using was defective in some way. Unlike many other types of personal injury cases, there is no need to prove that the defendant was negligent in some way, thanks to strict liability. You simply need to be able to prove that the product you used was defective and the defendant party is a part of the supply chain that the product made its way down to the plaintiff it injured.

They must also be able to prove that the injuries they suffered were directly the result of the product in question’s defect and that they were using the product as intended without altering it in any way. In the states of Alabama and Georgia, the statute of limitations for product liability is two years from the date of the injury or when it should have been discovered. After that point, you can no longer seek compensation for those injuries.

Who Does Product Liability Apply to?

Product liability applies to all of the various parties found along the chain of distribution that a defective product travels through before it reaches the consumer it harms. This distribution chain can include the following:

  • The product’s designer
  • The manufacturer
  • A manufacturer of component parts
  • A party that assembles or installs the product
  • The wholesaler
  • The retail store that sold the product to the consumer
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Types of Product Defects

Product liability claims typically involve defective products in one of three categories and occasionally involve multiple. Depending on the type of defect, a claim can have different liable parties and require different approaches to investigating the case and proving negligence.

Design Defects

Products can cause severe harm to consumers due to inherent issues with the product conceptually and in terms of its design. There are many products that, at the early stages of development, may have some kind of flaw that will make them dangerous. In most cases, these dangerous design defects are caught when a product is tested and checked to ensure it will perform correctly and not harm consumers.

However, the makers of many products can cut corners and, therefore, are not properly vetting their products in an effort to fast-track them onto the market. They may also be aware of dangerous design defects and simply put their products on the market for consumers anyway, believing that the profits they make will outweigh the costs of any legal action taken by those these defects harm. Cases involving design defects can benefit greatly from proof that an alternate design choice was available but was overlooked in favor of a defective design.

Manufacturing Defects

The process by which products are made can be the source of many dangerous defects. Manufacturing defects can occur because of issues with production machinery, improper assembly, lack of quality control, issues with the materials, such as contamination, or problems with a product’s packaging. They can also occur despite a manufacturer doing everything in its power to stop them. Quality control often detects manufacturing defects, and only a few defective products slip through the cracks. This makes manufacturing defect-based product liability lawsuits uncommon compared to those involving design or labeling defects that affect the entirety of a specific product’s stock.

Labeling Defects

There are many products on the market that come with the potential to cause severe harm due to the nature of their purpose. For example, there are a number of household chemicals that are found in most homes that can easily cause severe injuries, yet their use is essential. These dangerous products can exist on the market, but they are required to have proper labeling in order to inform consumers of the potential dangers and proper safety measures regarding the product. A failure to label these dangerous products correctly can lead to injuries and product liability lawsuits.

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Examples of Products Common in Product Liability Cases

  • Home appliances
  • Electronics (phones, televisions, tablets, etc.)
  • Motor vehicles
  • Children’s furniture, clothing, or toys
  • Cleaning products
  • Industrial equipment and machinery
  • Hand tools and power tools
  • Ladders or scaffolding
  • Medical devices
  • Drugs
  • Furniture
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Brett Turnbull

What Should I Do After I Suffer a Defective Product-Related Injury?

In the aftermath of an incident involving a defective product, the first thing you must do is seek medical attention. Your health should always be your first priority. If possible, you should keep the product and its packaging and try to preserve it in the state it was when it harmed you. Receipts, incident witness contact information, and records of your injury or incident, like pictures or video, can also help but are not essential. Most importantly, one should speak to a product liability lawyer as soon as possible.

Why Should I Hire a Product Liability Lawyer?

The best thing you can do to maximize the amount of compensation you receive from a product liability lawsuit is to hire an experienced attorney who specializes and has experience in your type of case. A regular personal injury attorney will not cut it. You need a lawyer with a case history of successful results handling product liability cases involving defective products like the one that harmed you. Apprehension regarding the hiring of an attorney is normal.

After all, when one suffers a severe injury that has inflicted costly damages, the last thing one wants to do is add another expense. When it comes to hiring a product liability lawyer, one needs to look at the prospect as an investment into their lawsuit’s success. A lawsuit takes time and resources to effectively undertake, with plenty of complications that can occur down the line. Hiring a product liability lawyer gives you the ability to pursue the full value of compensation you deserve while dealing with any curve balls thrown your way.

How Much Does a Product Liability Lawyer Cost?

The majority of cases where a plaintiff is represented by an attorney result in more compensation from better settlements and court awards than if someone attempts to file their lawsuit by themselves. This is even taking into account a lawyer’s fees. Our lawyers work for a contingent fee, which is taken out of the compensation they get you. So when you work with Turnbull, Holcomb, & Moak, you can rest assured knowing that we have a vested interest in the success of your case. In addition to this, if we fail to get you compensation, then there will be no contingency fee. Turnbull, Holcomb, & Moak’s product liability lawyers are passionate about assisting those who have been harmed by defective products and helping them secure settlements and verdicts that can get their lives back on track. Our firm provides specialized legal representation that works closely with clients to ensure satisfactory work that they can follow closely while focusing on recovering from their injuries and picking up the pieces.

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Consider Turnbull, Holcomb, & Moak for Your Product Liability Lawsuit

If you or a loved one has suffered an injury because of a defective product, the best way to fight for your rights and to get the most compensation possible is to hire an experienced and aggressive personal injury attorney. At Turnbull, Holcomb, & Moak, we have the experience, knowledge, and resources to handle the complexities of product liability lawsuits, including those involving liability disputes, multiple at-fault parties, and other complexities. Let us handle your claim so you can focus on what is really important: your health and your family. Contact us online or call (205)831-5040 to schedule your free consultation. There is no obligation and no risk. We look forward to hearing from you.

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