Diaz & Gaeta is a law firm you can count on when you need a product liability lawyer in Atlanta.
When you buy something, the last thing you should be worried about is your own safety or your loved ones. However, not all the products available in the market are safe. Sometimes, it’s an unintended manufacturing defect or there is an issue with the labeling or it could be sheer greed.
Whatever the reason, it’s the responsibility of the manufacturers in all the fields to make sure their products are safe to use for the end consumer. If someone gets hurt using a product, they have the right to sue the manufacturer and other parties to get fair compensation for their injuries under product liability laws.
Having said that, it’s not easy to establish the liability of the manufacturer in such cases. Manufacturers are often huge corporations with a huge team of aggressive attorneys to protect the company against lawsuits. This is why you should engage the services of an experienced and reliable Atlanta product liability lawyer.
Diaz & Gaeta Law has diverse experience and an impeccable track record. We have helped hundreds of clients uphold their legal rights in personal injury cases. We have extensive experience in negotiating with insurance companies on behalf of our clients.
Georgia Laws for Product Liability Cases
Georgia, like other states, has strict regulations in place for product liability cases. Nobody expects to get hurt when they are using a product in an intended manner.
If someone gets hurt due to a dangerous product, the manufacturer may be held responsible for the manufacturing defect or any other malfunctioning element. It is important to understand that the manufacturer may also be held responsible even when it was an inadvertent error on their part.
The manufacturer is going to be held liable if someone gets hurt using their product. Other liable parties may include manufacturers of component parts, the wholesaler, the assembling manufacturer, as well as the retail store owner that sold the product.
However, proving the fault of the manufacturers takes a lot of time and effort. This is why you should engage the services of an experienced law firm to help you wade through the jungle of laws to get the compensation you deserve.
Give us a call at 678-329-9084 to schedule a free consultation and know more about your options.
Common Causes for Legal Action
When it comes to a defective product lawsuit, it’s not easy for an average consumer to know everything about the law and when they can take legal action against the manufacturer and how much damages they can get due to the injuries caused by the use of the defective product.
Here is a brief list of some of the most common causes for taking legal action in product liability cases:
- Defective Design — If an injury has happened due to singular or multiple defects, you have the right to take legal action against the manufacturers.
- Manufacturing Defect — If a product results in an injury when being used in an intended manner due to a manufacturing defect, you may take legal action.
- Labeling Defect — Every product is accompanied by instructions on how to use it as well as certain safety precautions. If the instructions are incorrect or incomplete causing injury to the user, the user has the right to take legal action.
The thing is that every situation is different and there is no standard answer for when it’s right for you to take legal action. This is why, here at Diaz & Gaeta Law Firm, we offer a completely free first consultation to help you understand your rights and whether you should take legal action against the manufacturer to seek compensation for your injuries.
How Is Liability Determined?
If you’re seeking compensation for your injuries caused by a dangerous product, you need to understand how liability is determined in the state of Georgia. Three requirements need to be met to determine liability in Georgia. Here are the details:
In simple terms, strict liability is a legal doctrine where an entity or individual may be held legally liable for damages caused to another party without proof of carelessness or recklessness. In such product liability lawsuits, the manufacturers may be held strictly liable for the injuries caused by the use of their product.
The plaintiff is not required to prove the manufacturer’s negligence. They only need to show that the use of the product in a reasonable manner or in an intended manner caused the injury. Under such claims, it’s all about the product condition and not the manufacturer’s conduct.
Any kind of negligence that led to a product becoming dangerous for use is covered here. This negligence could be when the product was being set up or when it was sold. If it can be proven that a company’s negligent actions led to the product becoming dangerous for use by the buyer, the company could be held liable for its negligence.
Failure to Warn
Every product needs to be labeled appropriately to inform users about the potential dangers. If the use of a product results in harm due to incorrect labeling or lack of labeling, the manufacturer could be held liable for failure to warn.
There are a lot of other things for which proof needs to be collected and shown in a court of law in order to get appropriate compensation for your injuries resulting from the use of a dangerous product. This is why you should sit down with a team of experienced and reliable attorneys at Diaz & Gaeta to know more about your available options.
Give us a call at 678-329-9084 to schedule a free consultation with a product liability lawyer in Atlanta.
Who Can Be Held Liable for My Damages?
If you want to seek compensation for your injuries caused by a dangerous product, you must first know which party can be held liable for your damages. In case of product liability lawsuits, several parties may be involved in the process and be held liable. These include:
- Manufacturer of the product
- Wholesaler of the product
- Retailer of the product
In most cases, the primary defendant is the manufacturer of the defective product but other parties may also be held liable. Designers of the product even when they are from a different company could also be held liable.
If the defect is due to a particular component that was designed or manufactured by a different company, they could also be held liable for damages. Similarly, the wholesaler, distributor, and/or retailer of the product may also be held liable.
When it comes to medical products, a few additional groups may also be held liable including the doctor as well as the medical clinic or hospital.
Get in Touch With a Product Liability Lawyer in Atlanta Today!
Everyone isn’t aware of their legal rights when they get hurt using a dangerous product. You have rights and you need to enforce those rights to seek fair compression for your injuries as well as to prevent others from getting injured through the use of that particular product. Don’t forget that the government has enacted strict regulations to keep consumers safe but it is up to you to enforce your rights and protect others.
Here at Diaz & Gaeta, we have experience in all kinds of product liability cases. We understand how complicated these cases can get and an average consumer often lacks the legal knowledge needed to deal with a huge team of attorneys.
We have experience in a wide range of industries and we deal with insurance providers all the time. We will negotiate with them on your behalf and if they are not willing to offer a fair settlement, we are prepared to take the case to trial.
Give us a call at 678-329-9084 to know more about what we can do for you.