Catoosa County Defective Products Lawyer
There are times when the products we purchase do not quite match their description on the package. Sometimes it is just a mere inconvenience, and we have the option of returning the faulty product. But there are also situations where defective products cause damage and harm.
If a defective product injured you, you might be at a disadvantage without careful legal guidance from a local personal injury attorney. Recovering compensation for your injuries alone against companies with legal help and resources could be challenging. An experienced Catoosa County defective product lawyer could review your case and help you explore your options.
An Overview of Product Defects
When defective products injure people, injured individuals may be able to seek legal recovery depending on the circumstances. Plaintiffs may bring personal injury lawsuits based on many different causes of actions, which are the basis of their injuries. Product liability cases often result from two general causes of action: negligence and strict liability.
Negligence versus Strict Liability
Four elements are required to be shown in order to bring a personal injury lawsuit based on negligence. Defendants may be liable for negligence if:
- The defendant owed a duty of reasonable care to the plaintiff
- The defendant breached his or her duty of care by acting unreasonably under the circumstances
- The defendant caused the plaintiff’s injuries through his or her breach of duty
- The plaintiff suffered harm as a result
Strict product liability, on the other hand, holds defendants liable for injuring people with defective products without having to prove the duty requirements of negligence. The law presumes, in the interest of public health and safety, that the defendant owed a duty to a foreseeable plaintiff. Those injured by defective products in Catoosa County may bring a strict products liability claim if the product was distributed while in an unreasonably dangerous condition, the seller intended that the product not be altered, and the defective product injured the plaintiff or his or her property.
Types of Defects
There are three types of product defects: manufacturing, design, and marketing. Manufacturing defects occur during the manufacturing process and cause the resulting product to depart from its originally intended design. Design defects are inherently unsafe by design and all products with that same design, such as a car model, are deemed defective. Marketing defects fail to adequately warn customers of risks, usually from improper labeling or handling instructions. Each could constitute negligence on the part of the product’s company.
Seeking Relief for Defective Product Injuries in Catoosa County
Defective product plaintiffs in Catoosa County may seek economic, noneconomic, and punitive damages for recovery. Economic damages might include medical bills and out-of-pocket expenses that resulted from the injuries. Noneconomic damages usually incorporate less quantifiable relief, such as pain and suffering and loss of enjoyment of life that were caused by the incident. There may even be exceptions to the amount a victim could recover depending on the case at hand.
Punitive damages are awarded less often and are only imposed to punish the defendant for wrongful conduct that rises above ordinary negligence. Georgia Code §9-3-33 gives plaintiffs two years to file their personal injury lawsuit.
Contact a Catoosa County Defective Products Attorney Today
Product liability cases could be complicated and require expert testimony, legal research, and possibly litigation. A dedicated Catoosa County defective products lawyer could help guide you through the process. With an experienced personal injury attorney fighting for you, you could stress less about the legal battles that might lie ahead. Call us now, get started on your case today.
