Injuries from Defective Consumer Products

Every year, numerous individuals fall victim to defective consumer products, resulting in not only financial losses but also physical injuries and, in some cases, severe health complications.

These risks lie within everyday items like:

• An overheating electronic device

• A toy with hazardous components

• A vehicle with flawed parts

If you have been injured by a defective product, or your property has been damaged, recourse may be available through a product liability claim.

At Conoscienti & Ledbetter, we advocate for those who have been unjustly injured and hold the responsible parties accountable. Our team is experienced in handling such cases and will expertly guide you through the complexities of legal recourse, ensuring that justice is served.

The Consumer Product Safety Commission (CPSC) is responsible for creating and enforcing standards to ensure the safety of American products. The CPSC identifies areas of concern and product safety risks by continuously monitoring consumer product injuries and deaths. 

Established in 1972, the CPSC was formed in response to the distribution of many unsafe products to consumers nationwide. To address the variability of state and local regulations, Congress decided to establish safety standards at the federal level to benefit the public. The CPSA defines consumer products as items or components produced or distributed in the US for personal or household use.

Common Injuries From Defective Products

Injuries resulting from defective product accidents can vary significantly in severity, ranging from minor inconveniences to life-altering consequences.

Some common injuries due to defective products include:

• Burns: Malfunctioning electrical devices or highly flammable materials have the potential to cause severe burns, while unsafe products can lead to fires, inflicting devastating physical and emotional trauma. 
• Lacerations and Cuts: Products with sharp edges or defective tools can risk lacerations and cuts, varying from minor scratches to deep wounds that may necessitate medical intervention. We strongly advise seeking medical attention if a faulty product has injured you.
• Head and Brain Injuries: Poorly designed safety equipment or sports gear can result in concussions, traumatic brain injuries, and long-term cognitive impairments. Design flaws may enable companies to market products with inadequate protection, thus increasing the risk of these severe injuries.
• Poisoning and Toxic Exposure: Consuming contaminated food or coming into contact with toxic chemicals in products can lead to poisoning or exposure to harmful substances, resulting in severe illnesses and health complications. We prioritize the prevention and treatment of diseases caused by these dangerous products.
• Broken Bones and Fractures: In cases involving defective vehicles or poorly made furniture, broken bones and fractures are frequently encountered. These injuries can arise from structural defects, manufacturing flaws, insufficient safety features, or substandard construction materials.

If a defective product causes injury to you or damage to your property, you may be entitled to pursue compensation using a personal injury lawsuit. The manufacturer of the product could be held liable for the damages. A successful product liability claim will depend on proving liability and damages. 

Proving Liability

Product liability claims can be based on two theories of liability: strict liability or negligence.

Strict Liability

According to the theory of strict product liability in defective product law, the plaintiff is not required to prove fault on the defendant’s part. However, it is crucial to establish the following elements:

1. The defendant is responsible for manufacturing the product.
2. The product was defective when it left the manufacturer’s control.
3. The injury resulted from the product’s defective condition.

Negligence

A products liability plaintiff must prove the following four elements:

1. The defendant owed a duty of care to the plaintiff.
2. The defendant breached the duty of care owed.
3. The defendant’s breach caused in fact or proximately caused the events leading to the claim.
4. Actual damages.

Our personal injury attorneys in Decatur can help you determine the appropriate claim for your product liability case and strategy for pursuing damages. 

Compensation and Damages

Compensation for damages can vary depending on the injuries involved and the type of claim. These can include reimbursement for medical expenses, compensation for lost wages, and damages for the pain and suffering from product-related injuries. 

It is important to note that individuals injured by a defective product usually have just two years to pursue a legal claim. At Conoscienti & Ledbetter, our team of defective product lawyers is highly knowledgeable in Georgia law. We are here to guide you through the legal process, help you understand how the statute of limitations affects your case, and safeguard your rights.