Reasons You Need a Product Liability Attorney
When you buy something from a store, you are sure to have no idea about its potential to cause harm, except when it is too obvious, e.g. a knife. However, a defect in a product may lead to serious injury and even death to an individual. The question is how do you cope with the damages you suffer? It is imperative for a victim, or his/her family, to get advice from a product liability attorney.
There is no federal legal statute pertaining to product liability, and like other US states, Georgia has its specific statutes. As per these directives, the plaintiff, i.e. the victim/family, needs to establish the following points to claim compensation from the defendant, i.e. the manufacturer or seller:
- There was some defect in the product in question
- The defect in the product was the proximate cause of the injuries
- The defect was existent at the time of the purchase
- The manner in which the plaintiff used the product was foreseeable by the defendant
Why is it essential to get legal help when you suffer injuries for such a product? In many product liability cases, the defendant is a powerful entity, with resources enough to put up a strong defense. Only a competent product liability attorney with the necessary qualification, certification and experience may be able to work out the right approach to counter such defenses.
Another important aspect of product liability claims is the establishment of the defect in the said product. This often requires extensive research and experimentation, as well as expert testimonials for establishment. Professionals like forensic experts, accident reconstruction specialists and such others may also be necessary for testifying.
Moreover, just proving the existence of the defect is not enough; your Atlanta product liability attorney also needs to establish the relation between the defective product and the injuries the victim suffers. The amount of compensation you claim depends on the damages you suffer. Any economic or non-economic losses that were a direct consequence of the incident are within the scope of compensation.
Another necessity for bringing the matter to the forefront is to make sure that no others face similar injuries due to such products. If your attorney is capable of establishing the defect in the product, the court may order adequate measures to curb the problem, like order the recall of these products from the market.
If a defective product causes serious injuries to many individuals, you may group together to file a class action lawsuit as well. However, these are more complex, and you had better get legal counsel adept at these.