Companies are responsible for making sure the products they design, manufacture, and sell are safe for consumers to use. When an unsafe product is sold to the public, people could suffer severe and possibly fatal illnesses or injuries as a result.
If the use of a dangerous product has caused you harm in the greater Atlanta area, you are not alone. When a company fails to protect you from harm or warn you of potential hazards and you are hurt as a result, you could be eligible to pursue a product liability action against them.
If you’ve been hurt due to a defective or dangerous product, contact an attorney with the right experience to pursue the full and fair compensation you deserve.
The Gwinnett County product liability lawyers at Adamson & Cleveland, LLC work tirelessly to make sure that those who have been hurt in our community get the compensation they deserve. We are accessible around the clock, so don’t hesitate to reach out for help.
If you are ready to hold those responsible for your injury accountable, contact us now for a free and confidential consultation.
Alan had our best interest and represented that interest in the case. He told us up front what to expect not only on how the case would develop and the expected settlement level but also ‘soft’ issues such as interpersonal relationship impacts. There were no surprises. Alan had an excellent strategy for the case and was very diligent and responsive. If we ever have another event requiring representation Alan will be the only call we will make. We are pleased to say that not only did Alan represent us well, he was very personable and at the end we felt like we were being represented by a friend as well as our attorney.
Who Is Responsible for Dangerous or Defective Products?
For each product that hits the market, there is a chain of designers, manufacturers, distributors, and sellers behind it. For this reason, when determining who is responsible for a dangerous product, the entire chain of distribution must be considered. This often includes the following:
- Manufacturer – Typically the first party in the chain of distribution is the manufacturer. Depending on the specific product, the nature of the manufacturer could range from a large corporation to a smaller company. The design, materials, and means of building products are all crucial considerations when making functional safe products. After the product is assembled, testing and quality assurance are important steps in making sure that a product is safe for use. If a product is poorly designed or improperly assembled, the manufacturer may be held accountable.
- Distributor or Wholesaler – The companies that get the product to its ultimate destination have a responsibility to safely transport their goods. Any mishandling or damage that is caused to a product could ultimately render it unsafe for use.
- Retailer – Though the store or location that sold the dangerous product may not have created the product, they can be named as a defendant in a product liability case for selling dangerous goods in the first place.
- Design Firm – Some manufacturers contract or consult with design firms in the beginning phases of production. When this is the case, those responsible for the dangerous design can be added to the claim.
- Marketing – Advertising and marketing play a crucial role in the popularity and availability of products. When a product lacks proper safety information, instructions, or labeling, it deprives consumers of vital information that could ultimately protect them.
A lawyer can investigate the details of your accident to determine the cause of your injuries and identify the liable parties. It is possible that multiple parties are at fault for your injuries.
What Compensation Can You Get in a Product Liability Claim?
If you’ve been hurt by a defective product, you could take legal action to seek compensation for both economic and non-economic losses. The amount you are entitled to will depend on your specific situation, severity of injuries, and subsequent financial losses.
Victims may recover compensation for economic losses such as:
- Medical Treatment – Compensation for medical treatment can include initial emergency services, related hospital stays, rehabilitation, physical therapy, pharmacy expenses, and any other related medical treatment that the injury requires.
- Lost Wages – If a defective product injury requires the victim to take time away from work, they may recover compensation for the money they lost as a result. Additionally, victims who run their own businesses can seek compensation for lost profits when an injury prevents them from carrying on with business as usual.
- Disability Expense – When an injury is so severe that it requires victims to hire additional help to assist with daily living, they can seek compensation to cover these costs. For example, if someone has to restructure their home to facilitate better mobility or hire a caretaker, this comes at a significant cost and could be paid for by those responsible for the injury.
- Property Damage – When a defective product damages your property, creating additional expense for you, you can include this loss in your claim.
In addition to economic losses, injury victims face consequences that are hard to price, but no less significant. These are referred to as non-economic losses and can include the following:
- Pain and Suffering – A significant injury can alter a person’s ability to be present and enjoy their life. Though it can seem impossible to attribute a dollar amount to the pain that an injury has caused you, a lawyer can help you calculate how much money you can reasonably ask for.
- Loss of Consortium – When an injury has so severely injured a spouse that it affects your relationship, you may be able to file for a loss of consortium.
- Loss of Companionship – If an unsafe product has caused the death of a close relative, you may pursue compensation to address this loss of companionship.
While no amount of money can undo the pain caused by an injury, compensation can be incredibly helpful in keeping your finances on track during a difficult time.
Previously, the law stated that the victim filing the claim must have been the person who purchased the product. Fortunately, this is no longer the case. Even if you didn’t buy the product, you can take legal action if you are injured.
Additionally, if you weren’t the person directly using the product you can file a product liability claim. For example, if you were standing near someone using a defective product and it left you injured, the law allows you to file a claim.
Why do You Need a Lawyer for Your Product Liability Claim?
If a defective product has harmed you, you might not know where to turn for help. Most people understand that the civil claims process can be challenging and getting the full compensation you are owed will require the experience and skill of a product liability attorney.
A lawyer will listen to the facts of your case, evaluate your situation, and work to recover the losses that you have incurred. In the aftermath of a product malfunction, an injury attorney has the resources and legal knowledge to conduct a comprehensive investigation into your claim. Through this investigation, they can to identify all the potentially liable parties.
While the manufacturer, distributor, or seller may be responsible for paying for injury claims, getting them to pay the full and fair amount can be challenging. They want to save their company as much money as possible, which often results in the unfair denial of claims or an intentionally low initial settlement offer.
Legal pressure from an experienced lawyer is the best way to make sure that the responsible parties pay victims what they deserve without using tactics to deny, delay, or minimize payment.
While injury victims may be concerned about how much an injury claim or lawsuit might cost, our injury attorneys work on a contingency basis. This means that unless we are able to recover compensation for victims and their families, we don’t get paid. If our lawyers are able to win compensation from the responsible parties, we only take a percentage of the winnings and the victim and their families keep the rest.
What are Common Product Liability Cases?
Though any product can malfunction at any time, there are certain types of products that are more likely to cause problems. Some common product liability cases that we handle at Adamson & Cleveland, LLC include:
- Pharmaceuticals – Medications must undergo rigorous testing and vetting in addition to being labeled properly. If someone has an adverse reaction to a pharmaceutical, they could easily face fatal or irreversible harm.
- Medical devices – Medical innovation has given physicians and surgeons additional resources when treating patient conditions and performing surgeries. The use of medical devices to aid in surgery and the implantation of medical devices is incredibly common. It is of the utmost importance that these devices undergo testing to ensure that they help patients, rather than harm them.
- Vehicles and automotive parts – All the individual components of a vehicle, as well as the finished product, should function correctly and safely. A defective car can not only harm the people inside it but anyone else involved in the crash.
- Children’s toys – Toys need to be safely assembled so that small parts don’t pose a choking hazard to children. Additionally, in the past, using lead paint on children’s toys has been a serious concern. When the assembly and materials used are unsafe, the consequences can be fatal.
All products should furthermore be safely developed and transported. If you or someone you love has been hurt, reach out to a lawyer to discuss your situation.
Kevin Adamson is a former college baseball player who brings a competitive spirit to personal injury trials and settlement negotiations. Kevin played baseball at LaGrange College and went on to earn his MBA from Lynchburg College and his J.D. from Samford University's Cumberland School of Law. Since 2001, he has focused on personal injury law and secured numerous six- and seven-figure results for his clients. He is also a registered arbitrator and mediator with extensive experience handling contract negotiations for a variety of professional services, including athletic contracts. Kevin also owns his own airplane and makes frequent use of it for his law practice, which has taken him to 18 states.