Stephen R. Hasner
Managing Partner at Hasner Law PC
May 10, 2024
personal injury lawyer

In today’s fast-paced world, we rely on countless products to make our lives easier and more convenient. From everyday household items to complex machinery, products are an integral part of our daily routines. However, what happens when one of these products turns out to be defective, putting your safety and well-being at risk? Whether you’ve been injured due to a faulty vehicle, a defective medical device, or a hazardous consumer product, understanding your rights and knowing where to turn for help is essential. 

At Hasner Law, we are dedicated to providing expert guidance and support to those who have suffered due to product defects. We have a proven track record of successfully representing clients in product liability cases, and we are committed to helping you navigate the legal process with confidence. Contact Hasner Law today to schedule a free consultation with our experienced Marietta, GA product liability attorneys. Your safety matters, and we’re here to ensure that manufacturers and distributors are held accountable for their negligence.

Understanding Product Liability in Georgia: What You Need to Know

Product liability is a legal concept that holds manufacturers, distributors, and sellers responsible for injuries or damages caused by defective products. In the state of Georgia, like in many other U.S. states, product liability laws are in place to protect consumers from unsafe or faulty products. If you’ve been injured or suffered losses due to a defective product, it’s essential to understand the legal principles governing product liability claims in Georgia and what you need to prove for a successful claim.

In Georgia, product liability claims generally fall into three categories:

Manufacturing Defects

Manufacturing defect claims arise when a product is flawed due to an error or defect that occurred during the manufacturing process. To succeed in such a claim, you need to prove that the product you used was different from the intended design, rendering it unsafe.

Design Defects

Claims involving design defects are focused on inherent problems in the product’s design that make it dangerous for its intended use. In these cases, you must demonstrate that a safer alternative design was feasible, economically viable, and would have prevented the injury.

Failure to Warn or Inadequate Labeling

If a product is inherently dangerous or has potential risks that are not immediately obvious to the user, it is crucial that adequate warnings or instructions are provided. Failure to do so may lead to liability claims. To succeed in this type of claim, you must show that the manufacturer or distributor failed to provide adequate warnings or instructions and that this failure directly resulted in your injury.

If you believe you have a product liability case, don’t hesitate to seek legal counsel to protect your rights and pursue compensation for your injuries or losses.

Parties Potentially Liable in Georgia

In Georgia, multiple parties can be held liable in a product liability claim, including:

  • Manufacturers: These are the companies that produce the product. Manufacturers are often the primary target in product liability claims because they have the most control over the product’s design and manufacturing process.
  • Distributors and retailers: If a defective product makes its way to consumers through distributors or retailers, they can also be held liable. This is particularly true if they knew or should have known about the product’s defects.
  • Designers and engineers: Those involved in the product’s design process can also be held liable if a design defect is the root cause of the injury.

Product liability in Georgia is a critical area of law that protects consumers from the harm caused by defective products.

Proving Liability in Georgia

To have a successful product liability claim in Georgia, you and your attorney must prove several elements:

  • Defect existence: You must show that the product had a defect, whether due to manufacturing errors or design flaws. Expert witnesses, product testing, and documentation can be crucial in proving this element.
  • Causation: You need to establish a direct link between the defect and your injuries. This means demonstrating that the product defect was the proximate cause of your harm.
  • Foreseeability: For failure-to-warn claims, you must demonstrate that the potential risk or danger posed by the product was foreseeable and the manufacturer failed to provide adequate warnings or instructions to mitigate that risk.
  • Damages: Finally, you must prove that you suffered actual damages, whether physical injuries, property damage, or financial losses, as a result of using the defective product.

Product liability cases can be complex and challenging to navigate on your own. Consulting an experienced product liability attorney is essential to ensure you understand your rights and have the best chance of a successful claim.

Statute of Limitations 

It’s essential to be aware of the statute of limitations for product liability claims in Georgia. In most cases, you have two years from the date of injury to file a lawsuit. However, there may be exceptions, so it’s advisable to consult an attorney to ensure you meet all deadlines.

Product Liability Claim: Benefits of Working With an Attorney

If you’ve been injured or suffered losses due to a defective product, you may be considering filing a product liability claim. While it’s possible to navigate this process on your own, working with a Marietta, GA product liability claim lawyer can offer numerous benefits that can significantly enhance your chances of a successful outcome. 

Legal Expertise and Experience

One of the most significant benefits of working with a product liability claim lawyer is their legal expertise and experience. These professionals are well-versed in the complex and ever-changing laws surrounding product liability. They have a deep understanding of the legal principles, statutes, and regulations, which can be daunting and confusing for someone without legal training.

Experienced lawyers have likely handled numerous product liability cases before, giving them insights into successful strategies and potential challenges. They can leverage their knowledge to build a strong case on your behalf and navigate any legal obstacles which may arise during the process.

Investigation and Evidence Gathering

Product liability cases often require extensive investigation and evidence gathering to prove that a defective product caused your injuries or losses. A skilled attorney has the resources and expertise to conduct a thorough investigation, which may include:

  • Identifying the responsible parties (manufacturers, distributors, retailers, etc.)
  • Collecting product documentation, including design and manufacturing records
  • Obtaining expert witness testimony to support your case
  • Gathering medical records and other evidence of your injuries

This meticulous approach to building a case is crucial for establishing liability and causation, which are key elements in a product liability claim.

Negotiation Skills

Many product liability cases are resolved through negotiations, often with insurance companies or opposing counsel. Hasner Law attorneys are skilled negotiators who advocate for your best interests during settlement discussions. They assess the value of your claim, engage in meaningful negotiations, and ensure you receive fair compensation for your injuries, medical bills, lost wages, and other damages.

Litigation Experience

While most cases settle before reaching trial, some may proceed to court. In such situations, having a Marietta product liability lawyer with litigation experience is invaluable. Your attorney can prepare a compelling case, represent you in court, and handle all aspects of the trial process, including presenting evidence, cross-examining witnesses, and making legal arguments to the judge and jury.

Contingency Fees

Many Marietta, GA product liability attorneys work on a contingency fee basis. This means they only get paid if they win your case. This fee structure is advantageous for clients because it allows them to access legal representation without upfront costs. Lawyers are motivated to secure a favorable outcome for you since their fees are contingent on your success.

Peace of Mind

Dealing with a product liability claim can be emotionally and physically taxing, especially if you’ve suffered injuries or financial losses. Having a lawyer by your side can provide you with peace of mind, knowing that you have a dedicated advocate who is handling the legal complexities on your behalf. This allows you to focus on your recovery and well-being.

Maximizing Compensation

Ultimately, the goal of a product liability claim is to obtain fair compensation for your injuries and losses. An experienced lawyer can help you maximize your compensation by identifying all potential sources of recovery, assessing the full extent of your damages, and pursuing all available legal remedies.

Contact an Experienced Marietta, GA Product Liability Lawyer Today

Product liability is a complex legal realm that demands attention to detail, expertise, and unwavering commitment to the rights of consumers. Defective products can wreak havoc on your life, causing injuries, financial losses, and emotional distress. 

Hasner Law is here to be your advocate, your guide, and your source of support through the challenges of a product liability claim. Your safety and well-being matter to us, and we are committed to helping you pursue the justice and compensation you rightfully deserve. Don’t let the burden of a defective product disrupt your life any further—take the first step toward justice and compensation by reaching out to Hasner Law. Contact us today to schedule a consultation by calling (678) 928-8784 or completing our contact form.

Author Stephen Headshot
Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.