Products liability law involves cases where the liable party or parties were involved in the manufacture or distribution of a product that has caused serious damage or injury to a person or persons because the product's inherent flaws rendered it hazardous. Liable parties can include the component parts manufacturer, the wholesaler, the assembling manufacturer, the retail store owner, and others. Plaintiffs in a products liability case are usually consumers that were injured by a defective or dangerous product that they purchased, borrowed, or were given.

Finch McCranie, LLP's products liability lawyers have helped many Georgia clients who sustained injuries because they used, were exposed to, or ingested a product that was defective, dangerous, or malfunctioned. One of our Atlanta, Georgia products liability lawyers would be happy to offer you a free case evaluation to discuss your products liability case.

Products Liability Claims and Lawsuits
When it comes to product liability cases, the term "product" can refer to tangible personal property (electronics, motor vehicles, home appliances, clothing), naturals (dogs, cats, and other pets), intangibles (gas), writings (instruction guides, navigational charts), and real estate (homes and other properties).

Depending on the jurisdiction where the case is filed, an injured party can file a products liability claim based on strict liability, negligence, or breach of warranty of fitness. Many U.S. states, including Georgia, have their own products liability statutes. Because of the diversity that exists among the different statutes, the United States Department of Commerce has established the Model Uniform Products Liability Act (MUPLA) that all states can use.

Regardless of the jurisdiction where the products liability injury or damage occurred, the plaintiff must always prove that the product caused injury, damage, or death because it was defective.

Three Kinds of Product Defects:

Design Defects: The product is defective because the design is defective and is therefore dangerous when used.

Manufacturing Defects: The product became defective during manufacture, construction, or production and is now a hazard to consumers.

Marketing Defects: The manufacturer of a product marketed the product in such a way that the consumers were left uniformed of its potential dangers because of a) a failure to warn or b) the instructions for using or operating the product were incorrect or not written clearly.

Products liability is usually a "strict liability" wrong, which means that liability is not determined by whether or not the defendant was careful or negligent. A defendant is immediately liable in a product liability case if the plaintiff can prove that the product is defective and someone was injured as a result.

Products liability law falls under common tort law (involving a state judge-made law) and the Uniform Commercial Code (UCC). The UCC's Article 2 has been adopted by the majority of U.S. states and deals with the sale of products. §§ 2-314 and 2-315 are the two most important sections about products liability. They talk about the implied and express warranties of merchantability when selling goods.

Please call Finch McCranie, LLP if you or someone close to you suffered serious injuries because of a defective product anywhere in Georgia. One of our experienced Atlanta, Georgia products liability lawyers will discuss your case with you during your free consultation. Call (404) 658-9070 or —toll-free—(800) 228-9159 or contact us online today.