July 31, 2017
How to Prove Product Liability Claims in Georgia
If you were injured, harmed, or suffered due to a defective or harmful product, drug, or device, you may have a right to file what is known as a product liability claim or lawsuit against the manufacturer of that product. Doing so can let you and your family receive the financial compensation you need to recover as well as send a message the manufacturer can’t ignore. That message is simple and states that products must be designed with safety as the #1 priority. Unsafe products should not be placed on the market.
Product liability claims in Georgia can be quite complex. When filing a Georgia product liability lawsuit, you need to prove or “demonstrate” strict liability. What this means is that you don’t generally need to prove negligence or intent. You will, however, need to prove the following points:
- Injury or death occurred. You’ll need to prove the nature of the injuries and/or death. Medical reports, records, bills, and doctor testimony are usually required for this step. If someone you love died because of injuries sustained from a defective product, you’ll be filing a wrongful death product liability claim on behalf on your loved one.
- The product is defective, unsafely designed, and/or improperly made. This can be difficult to prove or it can be easy, depending on the product. In the case of a defective product, you’ll often need testimony from a product safety engineer or design expert to highlight the product defects. The defects and/or dangers will need to be thoroughly explained.
- The product was being used as intended. For a product liability claim to be successful, you must prove that the product was used as intended. Did you follow the directions for use and did you use the product as most consumers would? If you did not, your claim may not succeed.
- The defect or poor design caused the injury or death. This is the most difficult step to prove. It isn’t enough to prove that you were injured and that the product you used was defective. You must additionally link the two together and prove that the product caused the injury or death. The court will take everything into consideration here—from pre-existing conditions to risk factors.
In addition to the above steps, other principles of product liability may come into play such as negligence (though not always required, proving negligence can help your case and is often required during large multidistrict litigation (MDL) claims such as dangerous drug mass torts). Breach of express warranty/implied warranty and failure to warn are also concepts that may come up during your claim.
To guarantee your best chances of success when filing a product liability claim in Georgia, you need a legal team that’s willing to go the extra mile to ensure your case is proven from all possible angles. Our nation’s products, drugs, and medical devices should not be causing harm. With the help of a knowledgeable Atlanta product liability lawyer, you can make your voice heard and help protect future victims. Contact Bey & Associates to learn more.