Who Is Responsible for a Defective Product Injury?

It’s easy to assume that every product we purchase has undergone rigorous testing and is safe for use as directed. Unfortunately, injuries from defective products are far more common than you might think, with a reported 28,535,000 product-related injuries in a single recent year, according to the U.S. Consumer Product Safety Commission.

No one anticipates a serious injury caused by a defective product they purchased and used in good faith. Still, the losses suffered from product injuries range from mild to severe or catastrophic. When a defective product harms you or a loved one, you have the right to demand accountability, but who do you hold responsible for your injury-related damages?

Understanding Strict Liability In a Defective Product Claim

The majority of personal injury claims center around the common understanding that we all owe a general duty to take reasonable care to avoid causing harm to others. Success in these cases requires evidence of the at-fault party’s negligence. 

Product manufacturers are held to a different duty of care known as strict liability. Strict liability does not require an injury victim to prove negligence. Manufacturers do not have to commit negligence to be held responsible for injuries caused by their products. Instead, the injury victim must use compelling evidence to demonstrate one of the following:

• The product has a design flaw that makes it inherently unsafe when a safer option was available
• A manufacturing error occurred that made the product unsafe
• There was a marketing mistake or oversight, such as incomplete instructions or inadequate warning labels

In most cases of defective product claims, the manufacturer is responsible and liable for the injury victim’s damages; however, other entities may be held liable for causing or contributing to the injury victim’s damages.

Who Is Liable for Damages After a Defective Product Injury?

Consumer protection laws not only safeguard consumers against product defect injuries but also provide a legal avenue to pursue financial compensation for injury-related damages like medical expenses, out-of-pocket costs, lost earnings, pain, and suffering. Depending on the circumstances of the case, an injury victim in a product liability claim could recover compensation from any of the following:

• The product manufacturer, for producing a product with a design flaw, manufacturing mistake, or marketing error
• The manufacturer of a specific component of a product
• A wholesaler or supplier who knowingly supplied businesses with a product that didn’t meet safety standards 
• A distributor or retailer who failed to ensure that the product they carried met all required safety standards, or who caused the defect by improper handling or storing
• Resellers, installers, or assemblers may be held liable for a defective product injury if they failed to provide accurate information or installed a product incorrectly

Determining liability and pursuing compensation from all parties responsible for a defective product injury is a complex process requiring an independent investigation, documented evidence of liability and the injury victim’s damages, and a timely filing process that meets all deadlines and other requirements.

How Can a Georgia Product Liability Lawyer Help Me?

It’s often challenging to win a case or obtain the settlement an injured consumer deserves when they take on large manufacturers and their powerful insurance companies. Fortunately, a legal expert in personal injury with years of experience in defective product claims works for you at no upfront cost, taking their fee only if and when they’ve recovered compensation for your damages, like medical expenses, lost wages, and compensation for pain and suffering. Contact Piasta Walker Hagenbush, LLC to learn more about your options for financial recovery after a defective product injury in Georgia.