Atlanta Product Liability Lawyers

You never anticipate getting injured when you pick up a product you have owned for months, borrow a device from a friend, or purchase a new item from the store.

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You never anticipate getting injured when you pick up a product you have owned for months, borrow a device from a friend, or purchase a new item from the store. You don’t expect your vape pen to explode. You do not expect the salad you buy to be infected with harmful bacteria. You don’t awake in the morning assuming you will be injured that day or lose a loved one. Defective products can cause catastrophic harm in the blink of an eye. An otherwise typical day becomes the worst day of your life. If you’ve been injured by a defective product, you might be able to recover compensation for your injuries from the product manufacturer.

To discuss your case after you are injured or lose a loved one because of a dangerous product, contact an Atlanta product liability lawyer at Allen & Scofield Injury Lawyers, LLC. Our Atlanta personal injury lawyers will listen to your story, discuss all your legal options and explain how we can secure compensation for you.

You can schedule a free, no-risk consultation by calling (404) 419-6674. You can also submit your information through our online form, and we will contact you as soon as possible to schedule your appointment.

Types of Product Defects

Businesses are typically liable for any injuries caused by their defective products. A defective product is a product that is not as safe as it should be. The product may be potentially dangerous either when it is used as intended or as reasonably expected. However, an item may be defective in more than one way. The three main categories of defects are: design, manufacturing, and warning, also called a marketing defect. If you were injured by a dangerous product and you are not sure what type of defect may have caused the incident, contact a product liability lawyer at Allen & Scofield Injury Lawyers, LLC. We will utilize our decades of experience to advise you whether you should sue the manufacturer of the product that injured you.

  • Design Defect
    A product may be defective when it is not designed to be as safe as it could while still serving its intended purpose. To pursue compensation for injuries caused by a product with a design defect, you must show that the product was inherently flawed, and that there was a possible safer design.
  • Manufacturing Defect
    The product may have been well designed, but something went wrong while it was made, assembled, or packaged. When the product does not correspond to the design, and that alteration made the product dangerous, that is a manufacturing defect. That type of defect may impact a small number of items or large quantities of a product.
  • Warning Defect
    Many products come with risks, even when they are used as intended or in a reasonably foreseeable manner. Power tools are a common example. These types of products should come with instructions and warnings that inform you how to use the product in the safest possible way. When a product lacks these necessary warnings, it is defective.

To learn more about these types of product defects and how to analyze the type of defect that harmed you, call an Atlanta product liability attorney today.

Common Product Liability Claims

At Allen & Scofield Injury Lawyers, LLC, we are veteran product liability lawyers. We welcome the opportunity to meet you and share our wealth of knowledge with you.

Some of the most common product liability claims we handle include:

If you or a loved one was injured by one of these products or another product type, contact an Atlanta product liability lawyer right away. Defective product claims are expensive, time-consuming and difficult to prove. To improve your chances of recovering maximum compensation for your injuries, you need a tenacious attorney that specializes in product liability cases.

Learn More About Allen & Scofield Injury Lawyers, LLC

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Federal and State Laws Related to Defective Products

Many federal laws protect the public from harmful products. A few of them include the Uniform Commercial Code, Consumer Product Safety Act, Consumer Product Safety Improvement Act, Federal Hazardous Substances Act, Labelling of Hazardous Art Materials Act, Child Safety Protection Act, and Poison Prevention Packaging Act.

Georgia also has enacted its own product safety laws. Georgia Code §51-1-11 provides that you do not need to prove “privity” to file a defective product lawsuit. Essentially, that means that you do not have to prove that you purchased the product. You might still be able to recover if you received the product as a gift or borrowed it from a friend.

Theories of Liability

Many businesses are held responsible for the injuries caused by their defective products. However, the reason why a business is liable depends on the applicable laws and the facts of the case. Many product liability cases in the U.S. are based on a negligence theory. A negligence claim alleges that the defendant did not behave in the manner it should have, which ultimately led to your injuries. You must prove the business should have obeyed its duty of care to you, and that its production of the defective product violated its duty of care. You must also prove that the breach of the business’s duty directly and proximately caused your injuries.

However, under Georgia state law, you do not ordinarily have to prove product liability negligence. Georgia holds manufacturers strictly liable for their defective products. If the manufacturer is responsible for producing the product, then it is also responsible for the injuries its product causes.

In Georgia, you may obtain compensation for your injuries if you can prove:

  • The product was defective at the time you suffered an injury.
  • The defect caused the injury.
  • When the product injured you, it was mostly in the same condition as it was when it left the manufacturer’s production facility.
  • You used the item as the manufacturer intended it to be used.

To learn more about filing a product liability claim pursuant to Georgia state law, contact product liability law firm Allen & Scofield Injury Lawyers, LLC.

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"Charles is an excellent trial attorney who possesses a unique talent to hone in on the significant issues and turn the Defendant’s strengths against them. Charles is as honest as the day is long and works tirelessly to ensure that his clients receive all that is possible. While no lawyer is perfect, Charles strives to be as good a lawyer as there is on this planet, and he succeeds!"
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Product Liability Compensation

After you are hurt or you’ve lost a loved one due to a defective product, you are surely feeling overwhelmed. If you are the injured victim, you must concentrate on your medical care and recovery each day. If you lost a relative, you are grieving and trying to imagine your future without them. If that stress wasn’t enough, you are likely receiving lots of medical bills from your providers. A defective product accident can also be financially devastating if it puts you out of work for a long period or causes the loss of the breadwinner in the family. At Allen & Scofield Injury Lawyers, LLC, we understand that money is the last thing you want to worry about, but if you don’t take immediate steps to recover your losses, you might face the awful prospect of filing bankruptcy. Our product liability attorneys are here to help you fight to obtain compensation to cover your economic and non-economic damages.

If you or your loved one were injured, we will pursue compensation for:

  • Lost wages and diminished earning capacity
  • Past, present, and future medical costs
  • Pain and suffering
  • Permanent disability or disfigurement
  • Property damage

If you lost a loved one because of a defective product, then you may recover compensation for:

  • Loss of companionship
  • Mental anguish
  • Loss of guidance and nurturing
  • Funeral and burial expenses
  • Loss of benefits

Contact Allen & Scofield Injury Lawyers, LLC for Help

If you were injured in an incident with any type of defective product, your next step should be to contact a product liability attorney. By working with a lawyer right away, you have someone on your side who knows the law, knows how to protect your rights, and knows how to build the strongest possible case for you so that you can obtain you maximum compensation for your injuries or loss. A product liability claim is too large a burden for anyone to handle other than an attorney that specializes in product liability law. At Allen & Scofield Injury Lawyers, LLC, we are here to help and offer our services on a contingency fee basis. We do not get paid unless we win your case.

We represent individuals in Atlanta, Fulton County, DeKalb County, Clayton County, Gwinnett County, Cobb County, and throughout Georgia. Call us at (404) 419-6674 or use our online form to schedule a free case consultation.