It strikes when you least expect it. Your can of air freshener is defective, spraying gas propellent into the air, where it irritates your asthma. The airbag in your car does not deploy when the car is struck, which injures you in the accident. A defect in your steam iron causes steam to burn you when you attempt to iron your shirt. If it can be made, it can be made defective. It doesn’t always have to be human error that causes a defect, it can be something as simple as an electric charge not strong enough to temper the metal with which an item is made. Damp or humidity can cause an item not to function properly, much less be made properly.
You have a right to know the item you’re using is safe and won’t harm you or your children. Manufacturers have the right to produce their item free from fear of defectiveness. In nine cases out of ten, everyone is happy. But that one occasion, which could be prompted by anything, can cause a defect in a product which could endanger the public and their loved ones. A Georgia product liability lawyer will ensure you recover damages from the maker of defective items.
Even if some contracts contain exclusions, an implied warranty between a manufacturer and a retailer, nevertheless, carries weight. Breach of such contract, when defective items are present, will need a well-versed Georgia product liability lawyer who understands contract law. Such an attorney may recover damages due a consumer from a situation like this.
Failure to warn is another area in which a Georgia product liability lawyer will be proficient. Products which are perfectly safe to use under certain circumstances can be safe, but not if used in other circumstances. If these are not listed on the label or accompanying literature and fully explained, the item is deemed defective. Failure to warn happens and somebody gets sued.
An item is determined defective if a design flaw is responsible for damage to a consumer, when another way could have been better but was not used. You will find automobile companies suffer from this type product liability the most. In recent news was Ford and Kia, whose design flaws affected gearshifts and airbags, two very important things in a car. A product liability attorney will most likely make a class action suit against a company responsible for a design flaw, recovering millions for his clients.
Negligence is part of product liability, as well. Sometimes a client only has to prove that the product malfunctioned and he was hurt as a result. A product liability attorney will understand the law in cases of strict product liability and move to recover damages for his client.
Georgia product liability attorneys at Hertz Law can help people damaged by a product, whether foods, medicines, automobiles, motorized appliances or tools, etc. We will know which facet of the law applies to the case and win it. Contact Hertz Law today!
DISCLAIMER: The above article is provided for information purposes only and is not intended to be, nor should it be considered, legal advice. Legal advice can only be given by a licensed attorney in your jurisdiction following an individualized consultation. If you are seeking legal advice, please contact an attorney in your area.