If you’ve sustained injuries after using defective products, you’ll need to do a couple of things in order to recover from the occurrence. Speaking to an experienced Fayetteville personal injury lawyer is a major step in the right direction. On your own, you’ll be facing a huge manufacturer that has a massive legal team. As a result, getting compensated for your pain and suffering will be quite challenging.
Injuries Involving Defective Products Are on the Rise
Personal injuries stemming from the use of defective products have been on the rise in the past few years. On an annual basis, there was an increase of 6.8 percent in 2021 and of 7.8 percent in 2022, the National Safety Council reported.
Personal injury lawsuits involving defective products are thus fairly common. The average amount awarded in a personal injury case in 2020 was $7,058,106, the Insurance Information Institute reported. In comparison, the average personal injury award related to medical malpractice was $1,819,316, and to business negligence – $3,110,297.
Georgia Defective Product Laws
As a consumer in Georgia, you’re entitled to legal protection against defective products. Georgia has a strict product liability policy outlined in Georgia Code Title 51, Chapter 1-11.1. As per this policy, a plaintiff isn’t required to establish the defendant’s fault. The only things that will need to be backed up by evidence include:
- The fact that the defendant manufactured the product
- The defective nature of the product at the time of use
- The connection between the use of the defective product and the injury you sustained
It’s also important to point out the primary ways in which a product can be considered defective under Georgia regulations:
- Design-related defects: A product comes under this label whenever something is inherently wrong with the design. A piece of heavy machinery that has been designed without a guardrail (which means a worker’s hands aren’t protected during use) will fall under the category.
- Defects occurring during the manufacturing phase: This category applies to products that don’t have a design fault but that have become defective during the manufacturing process. An inaccurate dimension or the use of the wrong kind of material will both qualify as manufacturing defects.
- Lack of warning: Products need to have a label outlining intended use and safety precautions. In the absence of such information, a user can easily hurt themselves while using the product incorrectly. For example, a product that contains toxic ingredients should have a warning about not ingesting the item and keeping it out of the reach of children.
What to Do if You’ve Been Hurt by a Defective Product
As a person living in Fayetteville, you’re entitled to legal protection as outlined in Georgia regulations pertaining to product liability.
Anyone who gets hurt because of a defective product’s use should get in touch with a Fayetteville personal injury attorney. Together, you’ll go through the most important steps that have to be undertaken in order to hold the manufacturer responsible for the product faults.
To handle a defective product after you’ve been injured, consider the following steps:
- Get medical assistance to treat your injury. You’ll also need medical records to establish the degree to which you’ve been hurt.
- Don’t discard the product! It will serve as important evidence.
- Take pictures and create videos. Your ability to demonstrate the effect and how it’s dangerous will be the most important piece of evidence when building a personal injury case.
- Find proof of purchase (receipts, warranties, any other kind of documentation you’ve received from the store).
- Discuss your claim with a product liability attorney in Fayetteville. Your legal representative will help you find out what damages are recoverable and how to pursue compensation in the most convincing way.
Consult With a Fayetteville Personal Injury Lawyer
As per Georgia legal stipulations, you have two years from the date of the injury to file a defective product injury claim. The timeframe for property damage claims is four years. There’s one more important time limitation to acquaint yourself with – you have up to 10 years from the date of the purchase to initiate a product liability lawsuit.
These and other legal specifics have to be accounted for when you’re dealing with the manufacturer of defective products. The right Fayetteville personal injury lawyer will guide you through the legal maze, helping you put together a strong claim that manufacturers will be incapable of ignoring. Call 770-282-1188 to schedule a consultation and benefit from the 70+ years of experience we have in the field.
