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- Can
the sellers of a dangerous products be held responsible for injuries
they cause?
- What
must be proven in a "products liability" case?
- Who
might be held accountable for a dangerous product?
- What
types of damages may be sought in a products liability lawsuit?
- What
is the first step in pursuing a claim?
- What
if I am told I do not have a good case?
- What
about the costs involved in pursuing a case?
- How
long will a case take?
- How
long does one have to initiate a claim involving a dangerous product?
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1.
Can the sellers of dangerous or
defective products be held responsible for the injuries they cause?
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Answer:
In many instances, yes. A "products liability" lawsuit may be
brought by or on behalf of an individual injured or killed by a defective product
against the manufacturer (and possibly the wholesalers, distributors and seller) of the
defective product. Products liability lawsuits generally may involve
several legal theories including negligence, "strict liability",
and breach of warranty, as described below. Back
to FAQ menu.
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2.
What must be proven in a "products liability" case?
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Answer:
Product liability cases may involve several legal theories, including
negligence, "strict liability", and breach of
warranty. Each of these theories has its own distinct elements
that must be proven:
Negligence:
This theory of recovery focuses upon the product maker's conduct. To
prevail, one must show that the maker of the product failed to use
ordinary or reasonable care in designing, manufacturing, or selling the
product, and that such failure on the part of the product maker was a cause of the injury to the person bringing the claim.
Strict Liability:
Under this theory of liability, the focus is upon the product itself rather
than the conduct of the manufacturer or suppliers. Generally
speaking, to prevail under this theory, one must show a defect in the
design, manufacturing, or marketing of a product which made the product
"unreasonably dangerous." It must further be shown that
such defect was a cause of the injury to the person bringing the claim.
Breach of Warranty:
This legal theory focuses upon the substance of a warranty made by the
manufacturer about its product. A warranty is essentially a promise
by the manufacturer that its product will have certain characteristics or
perform in a certain way. In certain instances, these warranties may
be implied and need not be created expressly or in
writing by the manufacturer. To prevail in a breach of warranty
claim, one must show that the product did not
live up to the promise or warranty made by its manufacturer, and as a
result was a cause of the injury to the person bringing the claim.
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3.
Who might be held accountable for a dangerous product?
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Answer:
Depending upon the legal theories that are pursued, it may be possible to
hold any entity in the product's chain of distribution responsible for the
harm caused by the dangerous product. This could include the
manufacturer of the product, the manufacturer of a defective component of
the product, a distributor of the product, or the end-seller of the
product. Back to FAQ menu.
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4.
What types of damages may be sought in a products liability lawsuit?
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Answer:
Generally speaking, one injured due to a
defective product may seek compensation for medical expenses, physical
pain and suffering, mental anguish, disfigurement, physical impairment,
loss of earning capacity and property damage. In certain cases, one
may also be entitled to seek punitive
damages. A spouse or child of the victim may seek compensation for
loss of consortium. In cases involving death, additional damages may
be recoverable as well. Click here for
more information on wrongful death claims.
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5.
What is the first step in pursuing a claim?
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Answer:
Given that product liability claims generally involve a variety of complex legal
and technical issues, the first
step is usually to consult an attorney. One who desires to consult an attorney
to pursue a claim should do so as
soon as reasonably possible because there are statutes of limitations and
possibly other critical deadlines that may impact the case. Back
to FAQ menu.
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6.
What if I am told I do not have a good case?
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Answer:
Determining whether or not one has a
"good case" is not always an exact science. Because such
determinations involve the professional judgment (based upon many factors
and considerations) of attorneys, medical and other experts, it is
recommended that you seek a "second opinion" from one or more
qualified attorneys if told that your case is without merit. Back
to FAQ menu.
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| 7.
What about the costs involved in pursuing a case? |
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Answer:
Some
attorneys (including the sponsor of this website) will agree to handle cases on a contingency fee arrangement.
This means that the attorney will not charge an hourly rate for his or her
services, but instead will be paid a percentage of the recovery in the
event of a settlement or judgment. In many instances, such attorneys
will also pay the case development expenses (such as expert fees,
deposition costs, etc.) with the understanding that he or she will recoup
such costs only in the event of a recovery. Therefore, one may
be able to secure legal representation without having to pay any
attorney's fees or expenses out of one's own pockets.
Back
to FAQ menu.
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| 8.
How long will a case take? |
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Answer:
There
is simply no easy answer to this question. The vast majority of all
cases, including product liability cases, are settled prior to trial.
Some cases are settled prior to the filing of a lawsuit, while others are
settled during litigation or even on the "steps of the
courthouse" just before trial. A product liability case, if
litigated to trial, could last a number of years. One who pursues a
product liability case should understand from the outset that a quick
resolution can never be guaranteed. Back
to FAQ menu.
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| 9.
How long does one have to initiate a claim involving a dangerous product? |
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Answer:
"Statutes of limitation" govern the
length of time one has to file a lawsuit or be forever barred from
pursuing such claim. Under Georgia law, different statute of
limitations periods apply as to personal injury cases under various
circumstances. In some cases, the statute of limitations may be as
short as one year, while under different circumstances, it may be eight
years or more. Many factors bear upon when the applicable statute of
limitations period expires including the age of the plaintiff, the
type of personal injury claim, the particular facts giving rise to the
injury, and others. One must make absolute certain that they are
aware of when their statute of limitations period expires, or risk
jeopardizing their legal rights. An experienced personal injury
lawyer can be of assistance in this regard.
A potential claimant seeking the advice of an attorney should do so
without delay. In certain cases, there may also be other
deadlines that may also impact the case. For example, claims against
government entities may require that the entity or entities be put on
"notice" much earlier than the the statute of limitations
period. Furthermore, given that expert and legal analysis must be
done prior to filing a lawsuit, you should not wait until the statute of
limitations period is nearing its end because the attorney may not have
enough time to complete his or her review prior to its expiration.
There are other benefits to securing obtaining counsel early on as well.
Memories of the event or events in question tend to fade in witnesses,
potential witnesses may later be unavailable because they have moved,
become incapacitated, etc.
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to FAQ menu.
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