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Can you sue a manufacturer for product defects?

On Behalf of | May 11, 2020 | Product Liability

Most products that consumers here in Georgia and the rest of the United States purchase are mass-produced. This may cause manufacturing defects to occur. If a product doesn’t function as it should, injures you or kills someone that you love, then you may be entitled to sue the manufacturer for any damages that you’ve suffered.

Manufacturer defects can take on many forms. One example of this concept is if a set of tires was supposed to last for 60,000 miles, and after 500 miles of use, you have a blowout. If this causes you to become involved in a car crash that leaves you with serious injuries, then you may be able to file a products liability claim against the company that manufactured them.

Many Georgia cases of this sort end up being tried in front of a jury. If they decide that the manufacturing defect was responsible for the motorist’s injuries in the scenario above, then they can move on to determining damages in the case.

Plaintiffs in these types of cases may be entitled to various types of compensation including medical costs and lost wages. They also may be able to demand damages for a loss of companionship, consortium and other non-economic damages.

Products liability laws exist on the books here in Georgia to discourage manufacturers from producing defective or unsafe consumer goods.

A manufacturing defect is defined by the Third Restatement of Torts as a situation in which “the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.” The strict liability doctrine allows a manufacturer to be held liable for injuries that stem from its production of a product.

Proving a manufacturing defect case can be difficult. The malfunction doctrine makes it necessary for a plaintiff to prove causation. This means that a plaintiff must demonstrate there aren’t any other factors that could have caused a plaintiff’s injuries. It can be difficult for a plaintiff to prove that a product maimed them if it became damaged or they disposed of it.

If you’ve been injured due to a manufacturing defect, then you may be entitled to monetary compensation. Establishing that a defect caused your injuries won’t be easy. This is why you may find it beneficial to have a products liability attorney who’s handled similar cases against large manufacturers on your legal team here in Georgia. 

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