How to Prove a Product Liability Claim In Atlanta

Manufacturers market products with glowing endorsements and extravagant promises. Although we seldom anticipate products to live up to the hype, we do expect them to be safe. Unfortunately, the National Safety Council reports that an alarming 15.1 million people received emergency medical treatment for product-related injuries as recently as 2024.

The U.S. has robust consumer protection laws in place, including the right to file a claim for injury-related damages after a defective product injury in Atlanta or elsewhere. A successful claim requires compelling evidence of liability and proof of damages sustained from the injury.

What Do I Have to Prove In a Georgia Product Liability Claim?

Injuries require expensive medical treatment and often cause days of missed work. In the worst cases, a defective product causes catastrophic injury or wrongful death. Before obtaining a settlement or court award for your damages, you first have to meet the burden of proving liability. Unlike typical personal injury cases, an injury victim does not have to prove negligence in defective product claims. Instead, they must show evidence of one of the following:

• The product had a design defect that made it unsafe even when used as directed
• A manufacturing mistake occurred that made the product unsafe
• A marketing error or oversight made the product unsafe due to inadequate warnings or instructions

In addition to the above, an injury victim must prove that they used the product as intended and did not alter or modify it before use. In an injury lawsuit in Atlanta, the victim must also provide evidence that the product defect directly caused their injury and that they suffered economic and non-economic damages from the injury.

What to Do After Suffering a Defective Product Injury In Atlanta

Some injuries are so grave that an injury victim can do little other than wait for help and hope others take purposeful actions on their behalf, but if an injury victim can safely take steps to gather evidence, it helps to prove their product liability claim later. After the injury, do the following:

• Take photos of the defective product immediately after the injury, and then place it in a plastic bag along with the packaging and the sales receipt, if you still have it
• Photograph any visible injuries
• Go to a hospital as soon as possible after the injury to receive the medical care you need and to document evidence that the injury occurred, as you described
• Ask the doctor for a detailed report of their findings, what they recommend for your treatment, and your prognosis
• Follow your doctor’s treatment protocol carefully and avoid posting about the injury on social media

Your medical report and copies of your medical bills, invoices, and receipts for related expenses become key evidence of your financial damages, along with tax documents and a statement from your employer about your missed work days.

What Damages Can I Recover After Proving Liability In a Defective Product Case?

The product manufacturer is the liable party in most product liability cases in Atlanta and elsewhere, but in some circumstances, a supplier, wholesaler, or retailer may also be liable if they failed to ensure that the products they sell meet safety standards or if their improper storage or handling caused the defect.

After proving product liability, common damages recovered in claims include the following:

• Reimbursement for medical costs
• Future medical expenses
• Out-of-pocket costs
• Lost earnings
• Future income loss or reduced earning ability
• Compensation for pain and suffering
• Compensation for catastrophic injuries such as loss of limb, loss of one of the senses, disfigurement, or diminished quality of life

If a defective product causes a loved one’s death, a close family member could recover wrongful death compensation for their losses.

How Can an Atlanta Product Liability Lawyer Help My Case?

While a successful compensation claim does not erase the injury, it relieves financial hardship related to serious injuries and provides injury victims with a sense of justice. Contact Piasta Walker Hagenbush, LLC for experienced representation in your Atlanta product liability claim.