Product Liability


When brakes fail to stop a car, an airbag prematurely explodes, or a phone battery catches fire, a user can suffer serious injuries or even death. The products we use every day can fail and put us in harm's way. When a product malfunctions, the manufacturers should be held responsible for putting a dangerous product out on the market.  

When customers buy a product, they expect the product to work as promised. Unfortunately, manufacturing defects and design defects can cause a product to fail or malfunction, putting the user in danger or causing serious injuries. When a product defect causes damage, the injury victim can file a lawsuit to get compensation for their injuries. If you have been injured by a dangerous or defective product, talk to an experienced Georgia product defect lawyer about your case and what compensation you can receive.

Product Defect Claims in Georgia

A product defect lawsuit is a civil claim for damages caused by a faulty product. Product defect cases are generally categorized as one of the following:

  • Design Defect
  • Manufacturing Defect
  • Failure to Warn Defect

In a design defect, a product has a faulty design that makes the product inherently dangerous. This could include a poorly designed seatbelt system that wears down the strap over time, causing the seat belt to break in an accident.

A manufacturing defect usually involves a problem that occurs in production. This could be using cheaper materials or not having proper quality control. For example, a pharmaceutical company that does not properly clean their machines introduces a bacteria into an intravenous drug, causing illness and injuries in patients.

A failure to warn defect generally involves failing to warn users about unknown or hidden dangers that are not obvious based on the product's use. An example may be “silly string” or string out of a can that people may use at a birthday party. Many people, including kids, may not be aware that the propellants can be flammable and this product should not be used around an open flame, like over a birthday cake. This type of product should have a warning to protect consumers.

Types of Defective Products

Almost any product has the potential for being defective, and many of these product defects can cause injury or harm. Some examples of product defect claims include:

  • Faulty braking systems,
  • Defective drugs,
  • Defective medical devices,
  • Exploding batteries,
  • Faulty airbags,
  • Defective tires,
  • Flammable clothing,
  • Defective seat belts,
  • Defective medicine,
  • Defective breast implants,
  • Defective surgical mesh,
  • Lack of proper warning on prescription medication.

Who is Responsible for Defective Product Accidents?

If a customer is injured by an exploding battery, the victim may not know who was responsible for the defect. Fortunately for injury victims, they do not need to show that any one individual or group caused the defect. Generally, the manufacturer, distributor, and seller can all share liability for the damages.

A victim injured by a defective product generally has to show that the product was defective at the time it was sold. The victim can seek compensation from the party that sold the device or produced the device, ensuring that the victim will get compensation without having to track down exactly which party was responsible.

Atlanta Product Defect Lawyers  

At The Kaplan Firm, PC, our product defect lawyers have decades of experience fighting for our clients against large manufacturers, including drug makers and car companies. You deserve to have someone on your side after an injury to fight for you and your family. We work on a contingency basis and will never collect any fees until you get the compensation you deserve. Contact us today at our Roswell, Georgia location for a free initial consultation.

More Than $225 Million In Verdicts & Settlements

Over the years, we have collected over $225 million in verdicts and settlements for our clients and that number is growing every day.

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Acworth, Albany, Alpharetta, Athens, Atlanta, Augusta, Avondale Estates, Blairsville, Brunswick, Buford, Calhoun, Camilla, Canton, Cartersville, Chamblee, Clayton, College Park, Commerce, Columbus, Cumming, Dalton, Dallas, Darien, Decatur, Duluth, Dunwoody, East Point, Fairburn, Fayetteville, Fort Valley, Gainesville, Hinesville, Hiram, Jasper, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lawrenceville, Lilburn, Lincoln Park, Lithia Springs, Lithonia, Macon, Madison, Marietta, Monroe, Newnan, Norcross, Oakwood, Oconee, Peachtree City, Powder Springs, Riverdale, Rockmart, Rome, Roswell, Sandy Springs, Savannah, Smyrna, Statesboro, Stone Mountain, St. Simons, Suwanee, Toccoa, Union City, Vidalia, Valdosta, Vinings, Warm Springs, Warner Robins, Waynesboro, Winder, Woodstock