Georgia Accident Attorney Shane Smith Explains How Product Liability Affects You
When you go to a retail store, you expect the product you are buying to perform in the manner the seller and manufacturer says it will, right? Of course you do. However, there are countless injuries and deaths that occur from a wide variety of consumer and business items.
- There were over 101,000 injuries from children’s nursery equipment.
- More than 221,000 people were injured from using ATVs, Mopeds, Mini-bikes and similar equipment.
- Sports equipment which includes, but is not limited to boxing, baseball, basketball, football, hockey and skating equipment, injured countless people – if each category was listed it would be well over 1 million injuries!
How Does Product Liability Work?
When you buy a product you have a reasonable expectation that if your use it as the manufacturer intends you to use it, you should not experience any injuries. However, if in the course of you using the product according to the manufacturer’s intent and you do suffer injuries (medical, emotional, etc.) and/or your experience damages to your property, you may have a claim under the theory of product liability.
Meeting the Criteria for a Product Liability Case
In order to have a product liability case, which is a negligence personal injury claim, you must prove the following elements:
- The maker and/or seller has a duty of care to you ;
- The maker and/or seller failed to uphold their duty of care;
- This failure caused you injuries to your person or property; and
- The injuries caused you measureable damages
Depending on the circumstances of your potential product liability claim, everyone who touch the product from the raw material supplier to the manufacturer, the wholesaler and even the retailer may be liable in a product liability claim. However, the only way to accurately determine if you have a claim and what parties may be responsible is to speak with a Buford accident attorney. By speaking with a Georgia accident attorney at the Law Offices of Shane Smith you will have your individual circumstances evaluated.
What Damages are Available in a Product Liability Claim?
Based on upon the injuries suffered by the parties involved and the damages substantiated in a personal injury claim, there are many damages that an injured person may be able to prevail upon. Some damages include:
- Current and future medical bills
- Lost wages
- Pain and suffering (physical and emotional)
- Property damage
- Punitive damages
These types of damages are just a few examples of what plaintiffs may be able to obtain as part of their justice. The only way to determine if you have a case and what damages you may be entitled to seek is by speaking with a Buford accident attorney at the Law Offices of Shane Smith. Call our law firm at (770) 487-8999 today!