“Products liability,” is a specialized area of law. You need a West Georgia attorney who has handled cases involving dangerous and defective products. Our attorneys retain engineers and specialists to inspect the product that injured you to determine how it injured you and even to test similar products. These tests are to establish if the product defect is from a flaw in the manufacturing process or due to a design defect.
If you have been injured by a product and have medical bills, lost wages, and pain and suffering, please consult with an attorney today. Our products liability attorneys can handle a variety of product liability cases involving a wide range of dangerous products such as defective automobiles, drugs/medications, medical and surgical devices, hip implants, bladder mesh, firearms, furnaces, ATV’s, water skis, snow skis, helmets, sporting goods, commercial equipment, household appliances, power tools, playground equipment, toys, and other consumer products.
One of the key factors in a products liability case is preservation of the particular defective product. For a medical device, this means getting your surgical records which show the serial number of the product inserted. If you have a medical device removed, your surgeon should be instructed to retain it. If you think a car or other tangible device was defective and caused you injury, then likewise steps should be made to preserve and retain the device.
Generally, to prevail in a strict products liability claim, a plaintiff must prove the following:
• Defendant was engaged in the business of selling the new product.
• The product was in a defective condition that was unreasonably dangerous to the plaintiff when the product left the defendant’s hands; and
• The product was intended to and did reach the plaintiff without substantial change in the condition in which was sold.
To determine if the product is unreasonably dangerous, Georgia uses the a risk/utility analysis. To assist in determining whether a particular design is defective, the Georgia Supreme Court in Banks v. ICI Americas, Inc., set forth a non-exhaustive list of general factors to be considered by the trier of fact in balancing the risks inherent in a product design against the utility of the product so designed.
• The usefulness of the product;
• The gravity and severity of the danger posed by the design;
• The likelihood of that danger;
• The avoidability of the danger, i.e., the user’s knowledge of the product;
• Publicity surrounding the danger, or the efficacy of warnings, and common knowledge and the expectation of danger;
• The user’s ability to avoid danger;
• The state of the art at the time the product is manufactured;
• The ability to eliminate danger without impairing the usefulness of the product or making it too expensive; and
• The feasibility of spreading the loss in the setting of the product’s price or by purchasing insurance.
ALTERNATIVE DESIGN FACTORS:
• The feasibility of an alternative design;
• The availability of an effective substitute for the product which meets the same need but is safer;
• The financial cost of the improved design; and
• The adverse effects from the alternative.
UTILITY OR BENEFIT FACTORS:
• The appearance and aesthetic attractiveness of the product;
• The product’s utility for multiple uses;
• The convenience and extent of the product’s use, especially in light of the period of time it could be used without harm resulting from the product; and
• The collateral safety of a feature other than the one that harmed the plaintiff.
Choosing a West Georgia Product Liability Lawyer
Our attorneys are experienced personal injury lawyers who actually try cases to juries. When you hire us, you hire a litigation team. We know trials, so we know how to best prepare your case for an effective settlement.
Our litigation experience, extensive preparation of cases, and attention to detail has allowed us to build a reputation as aggressive and successful advocates for our clients while adhering to high ethical and legal standards.
Kenneth Crawford is a lawyer practicing in Douglasville, Villa Rica, Carrollton Hiram, West Cobb, Marietta and Atlanta. He handles car accidents, truck wrecks, tractor-trailer accidents, dog bites, products liability and other personal injury cases. Call for a free consultation today!