People sustain injuries, both fatal and non-fatal, every day in the United States, and normally, our natural reaction is to evaluate whether another person is responsible. However, in many instances, a defective product is responsible for your injuries or the injuries of your loved one. For example, the United States Consumer Product Safety Commission (CPSC) reported that there were 240,000 instances of children being treated in emergency departments for toy-related injuries in the U.S. in 2016 That year, there were 7 toy-related deaths that occured nationwide with 56% of them involving riding toys. Children aren’t the only ones who can get injured due to a potentially unsafe product. The CPSC reported that from 2009 to 2011 there were 3,400 non-fall related fatalities that occurred involving adults ages 65 or older. 55% of these fatalities involved mechanical hazards, followed by fire related fatalities at 32%.
Despite the injuries associated with products, product liability cases involving prescription drugs are becoming prevalent in courts around the country in light of the widespread opioid epidemic. The Center for Disease Control has indicated that over 130 people die per day due to prescription opioid overdoses, and as of 2018, 30 counties in California and over 500 public entities have initiated lawsuits against prescription opioid manufacturers claiming that the drug manufacturers misled physicians about the addictiveness and efficacy of opioid medications. Product liability litigation is unique in that it is more than civil litigation, because often, product liability cases inform the public of the unsafe nature of various products, which helps others avoid injury to themselves or their family. So, in this way, product liability litigation cases are a public service.
Product Liability Laws in Atlanta, GA
Under O.C.G.A. § 51-1-11 a product manufacturer can be held liable for injuries caused by a defective product that they created. There are certain elements that you personal injury lawyer must prove for your case to be successful.
- Your personal injury lawyer must demonstrate that the product was defective.
- Your personal injury lawyer must prove that the defective nature of the product caused your injury
- Your personal injury lawyer must prove that the product being used as it was intended
- Your personal injury lawyer must prove that the product was in the same condition as when it was sold
Statute of Limitations for Product Liability Cases in Atlanta, GA
O.C.G.A. § 51-1-11 also establishes a statute of limitations to bring a product liability claim. A statute of limitations is a legal time limit to initiate a case. If you allow the time limit to expire, then you cannot bring a claim against the product manufacturer, and with product liability cases there are three statutes of limitations that come into play.
- Personal Injury Statute of Limitations: There is a two-year statute of limitations for almost all personal injury claims in Georgia. The time limit begins as on the date of your injury.
- Property Damage Statute of Limitations: There is a four-year statute of limitations for all property damage claims in Georgia. The time limit begins at the time the property damage was incurred.
- Statute of Repose: There is 10-year statute of repose for product liability claims. This means that, regardless of any statute of limitations, no product liability claim can’t be brought more than ten years after the product was sold for use or consumption. This means that if a product was sold nine years ago and you get injured due to a product defect, you have one year to bring a product liability claim even though the personal injury statute of limitations is two years from the date of your injury.
Product Liability Cases in Atlanta, GA
Product liability cases are initiated every day in the United States, but the vast majority of these cases are won with the assistance of a skilled aggressive personal injury lawyer. At Cambre and Associates, our team of personal injury lawyers have been helping people who have been injured by defective products for years, and we are ready to help you. Don’t let a product manufacturer continue to sell a product that has been dangerous to you and is dangerous to the public. Call our office today for a free consultation with a personal injury lawyer that is ready to help.
Other Practice Areas
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Lyft & Uber Accidents
- Taxicab Accidents
- Bus Accidents
- Nursing Home & Elder Abuse
- Public Transportation Vehicle Accidents
- Premise Liability
- Slip and Fall Accidents
- Medical Malpractice
- Wrongful Death
- Dog Bite
- Workers’ Compensations
- Professional Negligence