What Are the Types of Product Liability?

Nobody uses or purchases a consumer product with the expectation that they are at risk of an injury. Yet consumer products routinely cause various types of harm due to different forms of defects. To be sure, consumers can sustain injuries due to defects in automobiles, children’s toys, home appliances, food products, electronics, and much more. In order to be eligible to file a product liability lawsuit in or around Macon, you will need to identify the liable party. Under Georgia law, many parties are liable for injuries caused by defective products under the doctrine of strict liability, which means there is no need for the injured person to prove negligence. Instead, the fact that the product caused an injury may be sufficient for the defendant to be liable.

To identify the liable party, you will need to learn more about the three types of product liability claims and the distinct parties associated with the particular defects. Our experienced Macon product liability attorneys can explain in more detail.

Design Defect Claim 

Design defect claims are those filed against the designer of a product for a design defect. According to the Cornell Legal Information Institute (LII), a design defect occurs when there is something inherently unsafe about the very design of the product. This defect occurs before the product is ever made or manufactured.

Manufacturing Defect Claim 

Manufacturing defects happen when there is a defect that occurs while a product is being made. There is nothing inherently wrong with the design of the product, but a defect occurs during the stage of manufacture.

Georgia law is clear that manufacturers are strictly liable for injuries caused by defective products, and strict liability is only applicable when there is a manufacturing defect and the manufacturer of the product is liable. Product sellers are not strictly liable, and strict liability is limited to an “actual manufacturer,” as opposed to an “ostensible manufacturer” that includes parties that “have an active role in the product, design, or assembly of products.” Since many product liability lawsuits arise due to manufacturing defects, these claims are those in which the defendant is held strictly liable for harm and there is no need to prove negligence.

Marketing Defect, or Failure to Warn Claim

 Marketing defect claims, also known as “failure to warn” claims, are those that occur when there is something defective about how a product was marketed. In most cases, a consumer was injured because the product was not marketed in a manner that sufficiently warned consumers about hazards associated with use of the product.

Contact a Macon Product Liability Lawyer Today 

When you have been harmed after using a consumer product, it can be difficult to understand what steps you need to take in order to obtain compensation. Do not hesitate to reach out to one of the experienced Macon product liability lawyers at the Law Offices of Buzzell, Welsh & Hill to discuss your case. We can assess your claim and can help you to determine what party or parties may be liable for your product defect injury in Georgia. Contact us today to talk with an attorney about your injury and your options for seeking financial compensation.

Sources:

law.cornell.edu/wex/product_liability#:~:text=Product%20liability%20is%20a%20doctrine,of%20their%20intent%20or%20knowledge

law.justia.com/codes/georgia/2020/title-51/chapter-1/section-51-1-11-1/