Atlanta Product Liability Attorney:
Protecting Consumers from Defective Products
At Tadeo & Silva Law, we understand the complexities and stress that accompany a product liability case. When products malfunction or are inherently unsafe, they can cause serious injuries that disrupt lives and burden victims with hefty medical bills and lost wages. As personal injury attorneys in Atlanta, we’ve seen firsthand how defective products can have a lasting impact on individuals and families. We are here to advocate for the rights of those affected by defective products, ensuring they are fairly compensated for the pain and losses suffered.
We take pride in our personalized approach, acknowledging that every case is unique and requires a thorough investigation and a dedicated strategy. Our approach is tailored to the specifics of each case, and we leverage our knowledge of the legal process to navigate the challenges of product liability claims. Whether it’s a design defect, manufacturing error, or consumer product safety commission for failing to provide adequate warnings, our team is steadfast in pursuing justice for our clients.
Tadeo & Silva Law offers compassionate yet assertive representation for those seeking an Atlanta Product Liability Attorney. We are committed to standing by our clients every step of the way and are determined to achieve the best possible outcome. With our combined experience in various personal injury matters, we are well-equipped to handle the intricacies of product liability cases, fighting for the compensation our clients deserve.
The Tadeo & Silva Law Firm is located at 3555 Koger Blvd, Suite 120, in Duluth, GA, 30096. You can contact us Monday through Friday from 9 AM to 6 PM.
Contact us today to schedule your consultation.
Understanding Product Liability in Atlanta
Navigating the complexities of product liability requires a solid understanding of the laws and regulations in Georgia state and federal courts. Our team at Tadeo & Silva Law remains at the forefront of protecting the rights of consumers against negligent manufacturers and retailers.
Critical Concepts of Product Liability Law
Product liability law in Georgia is concerned with the legal responsibility that manufacturers, distributors, and retailers have to ensure their products are free from defects. Any person or entity within the supply chain can be held liable if their product causes injury due to defects or failure to warn consumers about potential risks.
There are three primary types of product defects:
- Manufacturing defects: Flaws that occur during the construction or production of the item.
- Design defects: Inherent flaws in the product’s design that make it unsafe.
- Failure to warn (marketing defects): The absence of adequate instructions or warnings about the product’s use.
Should a faulty product cause harm, the injured party has the right to sue the liable parties. In such a lawsuit, we strive to prove negligence or strict liability, depending on the case specifics.
Roles of Manufacturers and Retailers
Manufacturers have a duty to create products that are safe when used as intended. This includes conducting thorough testing and quality control measures. Manufacturers can be held responsible for any resulting harm when a defective product slips through.
Likewise, retailers can be held accountable for selling a defective or dangerous product, especially if they were aware of the defects or failed to provide sufficient information to consumers. The role of retailers also extends to honoring breach of warranty claims: promises made to the buyer about the product’s condition or performance.
In our pursuit of justice, we diligently scrutinize all entities involved in distributing a faulty product to ensure that the negligent parties are appropriately held to account. Our commitment is to protect our clients against the repercussions of product defects and aid them in receiving the full and fair compensation they deserve.
Types of Product Defects Explained
As mentioned earlier, three types of defects can result in injury and give rise to legal action: manufacturing, design, and marketing. Our legal team at Tadeo & Silva Law is proficient in distinguishing these defects and advocating for clients whom such defective products have harmed.
Manufacturing defects occur during the production and manufacturing process. These flaws result from errors made while the product is being made, which can significantly impair its intended function and safety. Consider an example:
Bicycle brakes: If a batch of bicycle brakes were produced with substandard metal, they might fail unexpectedly, creating a risk of injury during use.
Design Defect Details
Design defects are inherent flaws in the product’s blueprint, which means the product is intrinsically dangerous, regardless of how well it is manufactured. To illustrate a design defect:
Children’s toy: A toy designed with small detachable parts could pose a choking hazard to young children, making the product’s design unsafe.
Marketing and Labeling Failures
Marketing and labeling defects, often referred to as “marketing defects,” involve inadequate instructions, warnings, or recommendations concerning the suitable use of the product. This is also often referred to as a failure to warn. An instance where marketing defects may occur is:
Pharmaceutical drugs: If a drug is effectively produced and designed but lacks clear warnings about potential side effects, patients might suffer harm due to insufficient information.
What an Atlanta Product Liability Attorney Does
As highly dedicated Atlanta product liability attorneys, we at Tadeo & Silva Law understand the profound effects a defective or unsafe product can have on an individual’s life. Our legal team is tenacious in our efforts to bring forth justice and fair compensation for our clients who have been harmed in such cases.
Evaluating Evidence and Building a Case
Review of Incidents: We begin by meticulously analyzing the incident, evaluating the harmful product, scrutinizing its safety record, and identifying any manufacturing, design, or marketing defects.
Gathering of Documents: We compile a comprehensive dossier of evidence, including medical records, expert testimonies, and accident reports, to create an unassailable foundation for the product liability claim.
Litigation and Legal Representation
Navigating Legal Challenges: We adeptly handle all facets of litigation, confronting the tactics of insurance companies and aiming to achieve favorable results for our clients.
Courtroom Advocacy: Whether through settlement negotiations or at trial, we provide unwavering representation, ensuring that our clients’ rights are fiercely defended and that they have the opportunity to recover compensation.
Every product liability attorney in our Georgia firm is attuned to the intricacies of personal injury law. Should you decide to take legal action, starting with a consultation with us, we will work relentlessly to assert your legal options.
Injuries and Damages in Product Liability Cases
When a defective product harms you, the range of consequences can be extensive, from immediate physical injuries to long-term financial and emotional effects. We focus on ensuring that victims can claim all the damages they may be entitled to.
Physical Injuries and Medical Expenses
Physical harm often results from defective products, necessitating treatment that can lead to significant medical expenses. Injured individuals typically incur costs from product liability because of:
- Emergency transport and initial hospitalization
- Ongoing medical care, including surgeries and rehabilitation
- Prescriptions and medical equipment for long-term care
Cases can involve severe traumatic brain injuries, disfigurement, or even conditions that lead to disability. We meticulously document these personal injuries with photographs and detailed medical records to establish the extent of physical injury and related expenses that our clients can claim as damages.
Financial Losses and Compensation for Suffering
Our clients often face substantial financial losses, including:
- Lost wages due to time away from work
- Loss of future income for those unable to return to their jobs
- Costs for repairing or replacing damaged property
Beyond economic damages, we pursue compensation for non-economic damages such as pain and suffering, mental anguish, and other emotional distress that can be just as crippling as the injury itself.
Relative Fault and Comparative Negligence
Before pursuing a product liability lawsuit in Georgia, understanding Georgia’s comparative rule is essential. Georgia applies a modified comparative negligence rule, meaning that bearing some responsibility for your injuries can affect the compensation you receive. You will only be rewarded compensation proportional to the percentage of fault the defendant is liable for. However, if you are responsible for up to 50% of the damage caused, you cannot recover any damages. This is codified in the O.C.G.A §51-12-33 (a & g).
We work to minimize your fault in the incident to maximize your recovery while also negotiating with insurance companies, liability lawyers, and other parties to ensure a fair outcome.
It’s our job to handle the complexity of your claim so that you can focus on your recovery. We take on the burden of fighting for the economic and non-economic damages you are owed. Trust us to pursue every avenue to secure what you need to move forward after a product-related injury.
Navigating Product Liability Lawsuits in Atlanta
When dealing with the complexities of product liability lawsuits, an experienced legal team can guide you through the process, from identifying the liable party to complying with strict deadlines. Our mission is to ensure your rights are protected every step of the way.
Initiating a Lawsuit
Understanding the initial steps in filing a lawsuit is crucial. First, we identify the manufacturer or other parties who might be liable for your injuries. Then, we thoroughly investigate to build a strong foundation for your case.
Class Action vs. Mass Tort
When the same product injures multiple plaintiffs, we consider whether a class action or mass tort suits your situation better:
Class Action: A single legal action represents a group of people similarly affected.
Mass Tort: Plaintiffs are treated individually, which may be preferable when damages vary significantly among the group affected by the same product.
Your circumstances dictate the best course of action, and we’ll navigate these complex legal waters together.
The Claims Process and Legal Deadlines
The claims process demands precision and adherence to legal deadlines:
Initial Assessment: We collect all pertinent information regarding your claim and advise on potential outcomes.
Filing the Claim on Time: In Georgia, you generally have two years from the date of injury to file a lawsuit (O.C.G.A § 9-3-33). There is also a statute of repose preventing you from bringing a product liability action once it has been ten years since the product was sold to you or you consumed/used it for the first time. It does not matter whether the injury was sustained or discovered immediately or at a much later time. However, this statute of repose does not affect injuries caused by a ‘failure-to-warn’ defect. We work hard and fast to gather all necessary documentation and file the lawsuit within these deadlines.
Moving Forward: We keep you informed at every stage, ensuring you understand the progress of your legal action.
Our seasoned attorneys at Tadeo & Silva Law are committed to advocating for your rights and securing the compensation you need to move forward from injuries caused by defective products.
Choosing the Right Atlanta Product Liability Lawyer
Selecting the right attorney is crucial when seeking justice for product-related personal injury cases. You need a lawyer who comprehensively understands personal injury law and has a proven track record within the Atlanta jurisdiction.
Experience and Track Record
- Thorough Case Evaluation: We meticulously scrutinize every detail of your situation.
- Tailored Legal Strategies: Our strategies are customized to suit your specific case for optimal outcomes.
At Tadeo & Silva Law firm, we take pride in our ability to handle complex product liability cases. Our results speak volumes about our dedication to our clients throughout Atlanta.
The Importance of a Local Atlanta Presence
- Navigating Local Laws: Our intimate knowledge of Georgia’s legal terrain is unmatched.
- Community Connections: We have deep ties and a solid commitment to our clients and the greater community in Atlanta, GA.
We understand that a local lawyer is vital to manage your product liability claim effectively. Having extensively represented Atlanta clients, we have the distinct advantage of a strong familiarity with local courts and judges, which is essential in personal injury law.
Consult Tadeo & Silva for Your Product Liability Case Today!
Schedule your first consultation with us, and let us get familiar with your case. We aim to help you to the absolute best of our abilities, ensuring that we leave no stone unturned in your quest for compensation. Furthermore, we are available to help you pursue other personal injury cases. For instance, you can contact us if you need a premises liability lawyer or truck accident attorney.