There are many ways that the products we buy and use every day can fail or be defective. In many cases, the consumers are luckily uninjured by these product failures. However, there are situations where a serious malfunction can result in the injury or even death of someone using a defective product. If you or a loved one was injured by a faulty product, a Savannah, GA, product liability lawyer could help you file a product liability claim.
Not every injury caused by a defective product results in a claim, but many do. Product manufacturers, distributors, and other parties and companies involved in the creation and sale of products are responsible for creating safe products. When you are injured, these parties are liable for the economic and noneconomic harm you suffered, including the cost of medical bills, lost income, and emotional trauma.
At Spohrer Dodd Trial Attorneys, our team has worked for decades in local, state, and federal courts. We have 230 years of collective experience across our team of attorneys, and our firm has worked in cases like product liability, medical malpractice, personal injury, and other similar civil claims. Our significant successes in litigation show that we are always prepared and ready to take a claim to litigation, and this makes us more skilled negotiators.
Our team is made of seasoned attorneys, paralegals, and an in-house physician. We work with professionals, such as product engineers and healthcare professionals, to more effectively investigate and support your case. It can be complex to prove a product liability claim, particularly as negligence must also be proven. Our team has diligently worked on these cases and secured the most beneficial result for our clients many times.
A product liability claim is filed by an injured party when a faulty and dangerous product causes them to suffer an injury or other damages. To have a legally valid product liability claim, you must be able to prove that:
Not all injuries from products cause product liability claims. For example, using a product incorrectly, or the presence of a defect that was the result of your own actions, would likely not generate a viable claim in court.
A product liability claim holds the manufacturer or another company liable for the harm done by defective products that they sold and marketed to their consumers. Because manufacturers are held strictly liable for their products, your product liability claim is not required to prove that the party was acting carelessly or negligently, as you do for other personal injury claims.
It can be difficult to effectively prove each of these elements without a skilled attorney. A Savannah product liability lawyer can review your type of injury, the product, and your situation. Then, they can help you determine whether you can file a product liability claim.
There are three main ways that a product may be considered defective. These include:
Depending on the type of defect, a different portion of a company’s or product’s supply chain may be liable for the damages caused by a product.
Even in the most ideal circumstances, it can be legally complex to file a product liability claim in Southeast Georgia without an attorney. However, most people filing these claims are suffering painful or even debilitating injuries. This can make it even more frustrating to navigate the legal process of filing properly and on time in the state.
When you work with an attorney from Spohrer Dodd Trial Attorneys, you have the help of someone who’s handled these claims before. They know the deadlines and requirements for a claim, and a seasoned lawyer can manage it much more efficiently. An attorney is also much more likely to secure the maximum amount of compensation you are owed. By working with an attorney in Savannah, Georgia, you can see the most financial benefits from filing.
Additionally, most product liability claims pit you against a company with significant resources. This can be overwhelming and put you at a severe disadvantage if you are alone. An attorney can help you know what your rights are, represent you against the company’s insurance company, and provide you with the resources you need to create a successful case.
If a defective product results in property damage, you have 4 years to file a product liability claim. If you were injured by a faulty product, you only have 2 years to file a claim. You want to talk with an attorney as soon as possible after you are injured or discover that you are injured. Under the rule of discovery, the statute of limitations, or the timeline to file, may be extended. An attorney can help you determine if you still have a claim.
To some people, the stated statute of limitations may seem like sufficient time, but it often isn’t. Important evidence may be hard to find if you wait too long, such as evidence of your injuries or proof that you were using the product correctly. If you miss the statute of limitations, you lose your right to recover any compensation. By quickly talking with an attorney, they have time to investigate and gather evidence to support the claim before they need to file it.
Strict liability is not the only standard by which you can prove liability for the harm caused by a defective product. Depending on the unique circumstances of your case, such as the party responsible for the defect and why the defect occurred, you may also be able to file under the theory of negligence or under a breach of implied or stated warranty.
A: If you are filing a product liability case, you must prove that:
A company that manufactured, marketed, or designed the product may try to argue against your claim by saying that you were misusing the product when it caused you harm. A company could also try to claim that you knew the defect existed and was dangerous but used the product anyway. In some cases, you can still recover damages under comparative negligence laws.
A: Most product liability cases are filed under the theory of strict liability in Savannah, GA. However, they may also be filed under the theory of negligence or a breach of a warranty. Product liability claims include three main types of defect:
A: The statute of limitations for defective product personal injury claims is 2 years. Under the discovery rule, this two-year countdown begins when you were injured or discovered that you were injured. This provides lenience for individuals who were unaware that they suffered an injury or illness from a product.
However, there are also limitations to the discovery rule. There is still an overall 10-year statute of limitations, starting from when the product was first sold, for most product claims.
A: Yes, manufacturers are strictly liable for harm done by their products to their consumers. Because of this legal requirement, a manufacturer, designer, or marketer does not have to be found negligent to be held liable for damages. Even if the company was not acting carelessly, they still have a responsibility and a liability for their products. The individual filing the claim must prove that they have suffered damages and that these damages were caused by the product.
If you need a product liability attorney in South Georgia, contact Spohrer Dodd Trial Attorneys today. We want to help you recover financially from your damages so that you can heal and move on.