Defective Product Claims Lawyer
A defective product is any product that does not function as designed or intended when used properly. Instead, it causes harm or injury to the user. Defective product claims in Georgia must meet at least one of three “tests of liability” in order to be considered a valid claim. These tests are:
- Strict liability – faulty product design, faulty manufacturing processes or failure to sufficiently warn of possible dangers or side effects from use.
- Negligence – failure to perform a standard duty of care to produce and sell a reasonably safe product, resulting in an injury and corresponding damages.
- Breach of warranty – the explicit warranty included with the product was openly violated, or in Georgia, many products also have an implied warranty. This means they are of “fair average quality,” and they are “fit for the ordinary purposes for which such goods are used.”
Henry County personal injury attorney Darrell T. Farr has practiced law in Georgia since 1991, and he can investigate your defective product claim. An experienced and skilled negotiator and litigator, Mr. Farr can pursue your claim all the way through the courts to protect your rights and fight for fair compensation under the law.
Product Liability Claims and GA Law
In order to pursue a product liability case in Georgia, an injured party and his or her legal representative, must prove the product was defective, it was not altered or damaged after being sold and that it was used as intended. Further, it must be proven beyond doubt that the defective product caused the victim’s injuries.
This process can be further complicated by Georgia’s comparative negligence laws, which stipulate that if the injured person was partly responsible for his or her injuries, the amount he or she receives in damages can be reduced or eliminated. This means you can expect the manufacturers of defective products will work hard to prove the injured parties are partially or completely responsible for their own injuries.
If you were injured in Georgia from using a product you believe was defective, contact the Law Office of Darrell T. Farr in Stockbridge.