Every day, Georgia residents purchase food, medication, electronics, clothing, and many other products. As consumers, we trust that product manufacturers only sell safe products. Unfortunately, some manufacturers sell products that are unsafe due to a design defect or manufacturing problem. Product liability law allows customers to recover compensation for injuries they sustained from using a defective product.
When a product’s defective design, lack of adequate warning, or manufacturing defect causes an injury, the injured party may have a right to bring a product liability lawsuit. If you or a loved one have suffered an injury from a defective product, you may be entitled to compensation. At Cambre & Associates, our attorneys have extensive experience helping clients seek compensation for their injuries. Contact our Atlanta personal injury law firm today to schedule your initial consultation and learn how we can help you.
An Adolescent Boy Developed Female Breasts After Taking Medication
In 2016, Johnson & Johnson paid $70 million to a male Tennessee teenager. The teenager claimed that Johnson & Johnson’s Risperdal antipsychotic pill made him grow large breasts. A Pennsylvania state jury decided that the company failed to provide an adequate warning that the medication could cause abnormal growth of mammary glands in males. An Alabama court awarded plaintiffs $2.5 million to an Alabama man who developed large breasts after taking the medication for his psychiatric condition.
A Jury Awarded a $289 Million Verdict Involving Roundup
In August 2018, a California jury awarded a man suffering from fatal cancer with $39 million in compensatory damages. The jury awarded the plaintiff an additional $250 million in punitive damages. The plaintiff alleged that his exposure to the popular weedkiller “Roundup” caused his fatal cancer. Monsanto, the producer of Roundup, faces numerous other lawsuits. These lawsuits allege that concealed the fact that Roundup contains glyphosate, which is carcinogenic.
A California Jury Awarded $417 Million in a Talcum Powder Lawsuit
A woman diagnosed with ovarian cancer filed a lawsuit against Johnson & Johnson. The lawsuit alleged that Johnson & Johnson’s talcum powder caused her ovarian cancer. The plaintiff presented evidence at trial that the company has been aware of the link between ovarian cancer and its talcum powder since the 1970s. However, the company specifically targeted sales toward women who were regular users of talcum powder without warning customers of the risk.
A Texas Jury Awarded $247 Million in a Hip Replacement Lawsuit
Six plaintiffs received $247 million when a Texas jury determined that a hip replacement manufacturer sold the plaintiffs a defective product. The jury found that the company sold the plaintiffs defective hip replacement systems without providing the plaintiffs or the medical doctors with an adequate warning. Juries throughout the country have ordered Johnson & Johnson to pay staggering damages to plaintiffs.
A Kansas Jury Ordered Syngenta to Pay $218 Million to Kansas Farmers
7,000 Kansas farmers received a $218 million verdict after a Syngenta corn seed caused significant financial damages. A federal jury determined that the company genetically modified corn seed before approving the seeds for import by China. At first, China refused to accept genetically modified corn. The refusal resulted in a sharp drop in corn prices. The plaintiff farmers estimated that $5 billion in damages occurred by the genetically modified corn seed. Corn seeds commonly co-mingle with other seeds and cross-pollinate. The result caused the farmers with significant damage.
DuPont Paid a $10.5 Million Verdict After Water Contamination
In 2017, a federal jury in Ohio ordered DuPont to pay punitive damages for $10.5 million. The plaintiff alleged that his exposure to C-8 water contamination caused his testicular cancer. The same Ohio jury ordered the plaintiff to pay $2 million in compensatory damages, bringing the total verdict amount up to $12.5 million. DuPont contaminated water systems by using C-8, a chemical used to manufacture products such as Gore-Tex and Teflon.
Georgia’s Product Liability Law
Under Georgia’s product liability law, individuals who have suffered an injury caused by a product may sue on their behalf. Individuals may also file a claim on behalf of a loved one for injuries they sustained while using someone else’s product. Georgia law allows an injured party to file a product liability lawsuit even when the individual didn’t purchase the product himself or herself. Under Georgia law, the plaintiff must prove the following elements to succeed in the lawsuit:
- At the time of the injury, the product had a defect
- The product’s defective condition caused an injury or caused the death of a loved one
- The injured party used the item as the manufacturer intended
- The item was in the same condition as it was when it left the manufacturer
Georgia’s Statute of Limitation for Products Liability
Under Georgia law, plaintiffs must file a product liability claim within two years from the date the injury occurred. However, Georgia law allows a 10-year statute of repose in product liability claims. If someone purchases a product 11 years ago and the injured occurred at the 12-year mark, the injured party could not bring a lawsuit. The injury must have occurred more than 10 years after the purchase of the product.
Damages Available in a Products Liability Lawsuit
Georgia uses a modified comparative negligence personal injury rule. Plaintiffs cannot recover damages for their injuries if unless they were less than 50% at fault for their injuries. Successful plaintiffs in product liability cases are entitled to several types of compensation, such as:
- Lost past and future wages
- Medical expenses including therapy and home health help
- Compensation for mental pain and suffering
- The cost of future medical care
- Property damage
The Products Liability Attorneys at Cambre & Associates can Help
Product designers and manufacturers owe their customers a duty of reasonable care. When a design defect or manufacturing defect causes an injury, the injured party may have a right to compensation. Additionally, when companies fail to warn their customers of the risks using their products, they may be liable for injuries caused by their products. Contact our product liability attorneys today to find out how we can help you pursue your claim for damages.