- Personal Injury
People spend billions every year on products they believe will work effectively and safely. Big brands in different industries are continually producing products for people like you. Therefore, if a defective product causes you or a loved one harm, then you shouldn’t have to suffer quietly. Most people usually wonder if they can receive compensation for defective products in Carrollton or will have to bear the financial loss of an injury alone.
The Law Office of John B. Jackson’s defective product lawyers ensures that your rights as a consumer are protected. This article will discuss strict liability and how it applies to people seeking compensation for faulty products in Carrollton. Now that you’re well aware of what to expect, let’s begin.
What Is Strict Liability, and How Does It Apply to Product Liability Claims?
Strict liability is a concept that revolves around companies and individuals being held responsible for injuries their actions caused. In this situation, the injury victims usually do not prove the defendant’s negligence.
In Carrollton, strict liability laws apply to product liability claims. It means you can file a lawsuit against manufacturers or retailers when a defective product harms you. Although you don’t have to prove the defendant’s negligence, you need to prove it was the product that caused you injuries.
Situations Where Product Liability Claims Apply
Product liability claims apply in three different situations. They include the following:
Manufacturing Defect:
This situation is when a manufactured product is faulty, making it unsafe for you. This defect can either be on a single product or an entire batch from a manufacturing line.
Design Defect:
A product may have been manufactured correctly, but the design would be faulty. As a result, the design makes it harmful to consumers. In addition, design defects usually affect an entire product line rather than a single item.
Insufficient Warning:
You can also receive compensation for defective products if the producer doesn’t let people know some things about the use. If a label doesn’t correctly list the hazards, allergy warnings, ingredients, side effects, and dosages of the product, it could cause harm to a user.
What Do I Need to Prove in a Defective Product Claim?
In Carrollton, product liability claims can come from negligence or strict liability. Under Georgia law, consumers do not need to prove that the manufacturer was at fault. However, you have to prove the following:
- That the manufacturer produced the defective products.
- The product was already defective when it came out of the facility of the manufacturer.
- The product defect was responsible for your injuries.
To determine the above, there are theories related to manufacturer liability you should note. Under tort law, liability differs from the claim of defective design to manufacturing law. When it concerns defective design claims, the court will ask if the manufacturer could have implemented safer designs. If the answer is yes, but they failed to change the design, you can receive compensation for defective products in Carrollton.
On the other hand, designs are not the main factor in manufacturer defect claims. Manufacturers who are aware that their products have defects and still release them to the public can be held responsible. However, you need to prove it to win cases based on the manufacturer’s flaws.
What Compensations Can I Receive for a Defective Product?
If you successfully win your case relating to defective products in Carrollton, your compensation could cover the following:
- Medical bill payments for treatments vital for recovery from injuries caused by the defective product
- Wage replacement. It is calculated based on how much work you missed while recovering from the injury caused by the defective product. If returning to work in the same capacity isn’t possible, the court will weigh your ability to earn.
- Pain and suffering fall under non-economic damage payment.
- Emotional distress. This is the compensation for all the psychological damage the defective product caused the victim.
Hire Skilled Defective Product Lawyers in Carrollton
You should always feel safe when purchasing products to use for various purposes. However, when these products cause injuries or death, manufacturers need to be held accountable. In such cases, you should contact experienced Carrollton product liability lawyers. There’s a chance you could receive substantial compensation with the proper representation.
The Law Office of John B. Jackson is committed to seeking justice for clients. Our defective product lawyers have ample experience serving Carrollton and representing clients in defective product cases and many more. Contact us today for a free initial consultation to discuss the details of your case.
