Products Liability: A Primer, Part 2: Theories & Questions

Products Liability: A Primer, Part 2: Theories & Questions

Products Liability: A Primer, Part 2: Theories & Questions

This is the second part of an extended primer on products liability law in Georgia. If you’ve been harmed by a defective product, H. Lehman Franklin, P.C. has the experience in product liability litigation to help you recover compensation from the party responsible. Georgia law protects consumers from dangerous, defective products and considers manufacturers to be in the best position to discover dangerous product defects. When they fail, they must be held strictly liable for any injuries caused by their defective products.

Dangerous or defective product cases are usually based on three types of defects, manufacturing defects, design defects, and failure of the duty to warn. In manufacturing defect cases, the defect arises from the manufacturing process rather than the product’s design. The product may have been safe as designed but altered by the manufacturing process thereby rendering it unsafe.

In defective design cases, the manufacturer has created a product whose design is unreasonably dangerous, i.e., the risks inherent in the product’s design outweigh the product’s benefit as designed. The obvious question in this situation is whether a reasonable alternative design would have made the product safer.

A manufacturer with any reason to anticipate that a product may cause harm when used for a particular purpose may be required to give an adequate warning. The duty to warn on behalf of a manufacturer typically depends on the foreseeability of the use, the type of danger, and the foreseeability of the user’s knowledge of the danger. Note that a manufacturer breaches a duty to warn by not only failing to adequately warn of a product’s potential risks but also by failing to adequately communicate the warning to users.

Some important questions to ask in a products liability case include:

  • While there may have been some unusual event related to the product, was there, in fact, an injury?
  • Did an injury occur as the result of the use of a product?
  • Was the product unsafe for its intended or expected use?
  • At the time of the event that caused the alleged injury, was the product in substantially the same condition or materially altered from the time of its sale or manufacture?
  • Was the consumer using the product in some unexpected way, and thus misusing it?
  • Does the injured party have adequate “damages” to make the case economically viable and therefore worth the resources of money, time, and effort to pursue?

Products liability cases require experienced legal representation, especially because they often require resources of time and money to litigate. Choosing a Georgia personal injury attorney requires consideration of the attorney’s experience, knowledge, and expertise in representing and litigating products liability and personal injury cases. Lehman Franklin has been an attorney for over fifty years. Not many Georgia attorneys may claim this type of experience. Lehman Franklin and Kimberly Ward have focused on personal injury, including products liability, law for a combined total of over 65 years.

We proudly serve Bulloch County, as well as the surrounding counties of Candler, Evans, Bryan, Chatham, Effingham, Screven, and Jenkins. Contact our office by telephone at 912-764-9616, by email at info@hlfranklin.com, or check us out online. We’re located at 127 North Main Street in Statesboro, GA (30458) and available to meet your legal needs Monday through Friday from 8:30 AM until 5:30 PM.