Elements of a Successful Products Liability Case
The laws of products liability vary by state, but there are common requirements and factors in products liability cases that allow plaintiffs to be successful. The three types of liability include manufacturing defects, design defects, and a failure to warn (marketing defects); shoddy materials, inherently hazardous design, and inadequate warnings of nonobvious threats are often what cause product liability cases.
When these defects arise in a product, individuals may be injured or even killed. It is your right as a consumer in the market to receive safe products. Moraitakis & Kushel, LLP represents clients who have been harmed due to products they have used.
Establishing a Products Liability Case
In order to have a valid products liability claim, consumers must establish negligence, strict liability, breach of warranty, and sometimes tortious misrepresentation.
Negligence occurs when a producing or selling entity breaches its duty of care to the consumer, and the breach of care causes harm or injury that results in damages. Strict liability occurs when a company is held accountable for a defective product, regardless of negligence; these laws vary by state. Breach of warranty refers to both express warranties and implied warranties. Express warranties are written or stated, while implied warranties are applied to products by law even if they are not included upon purchase.
Tortious misrepresentation is another basis on which consumers may file suit. Tortious misrepresentation occurs when a seller gives false or misleading information about a product. Defectiveness is not an issue in these cases, but rather false communication.
Who is Liable in Products Liability Cases?
Manufacturers, suppliers, and retailers have a duty to consumers to sell and make products that are safe. Injured consumers can bring claims against anyone involved in the design, manufacturing and marketing of the product that has harmed them. This may include parties such as:
- Product manufacturers
- Components parts manufacturers
- Product assemblers
Identifying these parties with the help of our attorneys will help clients receive the maximum compensation. The statute of limitations limits the amount of time a plaintiff may bring a case against a defendant. In the state of Georgia, product liability cases must be filed within two years from the date of injury—or in cases of fatality, surviving family members must file within one year of the date of death.
The legal team at Moraitakis & Kushel, LLP will help you receive the compensation you deserve from any responsible parties. You have a right to recompense for any damages, including medical bills.
Contact Moraitakis & Kushel, LLP
For more information regarding products liability cases, contact Moraitakis & Kushel, LLP. Our legal team works in a timely and cost-efficient manner, assuring our clients’ best interests are kept in mind at all times.
Your first consultation is free, call the office at 404-973-0341.