Norcross Accident Attorney Shane Smith Gives a Look at Georgia’s Product Liability Laws
When you hear the phrase “product liability” you probably think of being liable for your product. The concept of product liability primarily concerns the maker of a product. It can also involve the marketer, wholesaler and retailer involved in the supply chain on its way to you, the innocent Gwinnett County injured consumer.
Product liability involves anything that is considered “personal property.” Personal property is defined as everything besides real property which is defined as “land and everything that is attached to it and its improvements.”
Defective products can injure, maim or kill its innocent Georgia user or innocent third-party Norcross residents. Some examples include:
- The National Highway Traffic Safety Administration has recently recalled child safety seats and passenger vehicle tires because of the safety hazard they cause.
- The Food & Drug Administration has recently recalled meat products because they posed and direct threat to human safety because they were contaminated with Listeria and E. coli
Since defective products are so pervasive in Georgia and Gwinnett County residents are exposed to then on a daily basis, it is essential to determine how a product liability case can be established.
There are four standards that must be met to have a solid product liability claim:
- The injury is directly attributable to the product being defective
- The product was defective at the time of the accident
- The product was in essentially the same condition at the time of the accident when it was obtained from the defendant(s)
- The product was used in the intended or generally acceptable type of use
The first two elements that must be proved are the most important. For example, in order for a product to be defective, it must be “unreasonably dangerous.” Unreasonably dangerous means that along with being potentially dangerous, the product must also be “unreasonably dangerous.” For example, when it comes to a blender, it can be unreasonably dangerous because the blade might not be professionally secured to the pitcher or the internal wiring may have been negligently done causing smoke damage or a house fire.
The other element hinges on the ability of the product to be seen as defective because it’s unreasonably dangerous through its intended use. In order to have a reasonable claim in Georgia civil courts, your Gwinnett County accident attorney will have to see that the product you used according to manufacturer’s directions or generally accepted principles was inherently dangerous and caused you injury. For example, you pick up a bottle of aspirin at the store and it says to take 2 pills every 6 hours and you develop a life-threatening liver condition after following the box’s instructions, you may have a claim. If you take 6 pills in the same time-frame, going against the box’s instructions, you will have extremely slim chances of having a product liability claim.
If you have been injured by a defective product in Gwinnett County, contact Norcross accident attorney Shane Smith at the Law Offices of Shane Smith. He is an experienced PI attorney that can efficiently evaluate your product defect and liability claims to see what you are legally entitled to. Call (888) 927-6955 to schedule your free consultation today!