Gainesville, GA Dangerous Products Lawyer
Skilled Dangerous Products Attorneys Representing Those in Gainesville
Defective products, ranging from defective vehicles, tires, off-road utility vehicles, heavy machinery, and equipment to household consumer products and children’s toys can cause catastrophic injury and death. You may be entitled to compensation if you or someone you know has been harmed by a defective product. Davies Hothem Injury Law’s Gainesville, GA Dangerous Product Lawyers have an extensive history of litigating product defect claims and obtaining full and just compensation for their clients.
Gainesville, Dangerous Products Attorney
A manufacturer owes a duty to exercise reasonable care in manufacturing its products and ensure the products are reasonably safe for foreseeable and intended use. When a manufacturer places a defective and unreasonably dangerous product into the stream of commerce, it can be held liable when that product later injures a consumer. In choosing a particular design, manufacturers can be held accountable for choosing a design over alternative ones that were safer, marketable, and technologically feasible.
Generally, a manufacturer is responsible for defective products 10 years after the product was first sold. This limitation does not apply to a manufacturer’s duty to warn consumers of dangers it later learns of, nor does it apply when there is evidence that the product caused disease or birth defects, or the manufacturer’s conduct shows willful and wanton behavior. The Consumer Product Safety Commission is an excellent resource for staying abreast of the most recent safety-related product recalls.
If you or a loved one was injured by a defective or dangerous product in Georgia, call Davies Hothem Injury Law today.
What is Product Liability?
There are three general types of product defects: design defects, manufacturing defects, and marketing and/or packaging defects.
Design defects: A design defect occurs when the product’s intended design creates an unreasonable risk of harm when used in a foreseeable manner. To establish a product is defectively designed, the question often boils down to reasonableness. In other words, whether the manufacturer acted reasonably in choosing a particular design, given the probability and seriousness of the risk posed by the design, the usefulness of the product, and the burden on the manufacturer to eliminate the risk. This analysis is referred to as a “risk-utility” analysis.
Manufacturing defects: A manufacturing defect occurs during the production process in which the product is not produced according to the intended design. An experienced product liability attorney will track the product to the plant in which it originated and gather all available evidence regarding the plant’s quality control process. Typically, manufacturing defects occur in batches where more than one defective product was produced but nonetheless managed to get through “quality control” and into the stream of commerce.
Marketing/packaging defects: When a manufacturer is aware of certain dangers its products may pose to consumers, it has a duty to adequately warn of these dangers on its packaging. A manufacturer may be held accountable for marketing practices that led a consumer to rely on representations that were misleading, resulting in an injury.
Frequently Asked Questions About Dangerous Product Cases in Georgia
What should I do immediately after being injured by a dangerous or defective product?
Prioritize your health and legal protection. Seek medical attention right away, even if injuries seem minor, as some effects from defective products (like chemical exposure or device malfunctions) may not appear immediately. Preserve the product in its current state without altering it, take photos of the item and your injuries, and gather any related documentation such as receipts, manuals, or packaging. Report the incident to the Consumer Product Safety Commission (CPSC) if applicable, and avoid discussing the case with manufacturers or insurers. Contact a Gainesville product liability attorney promptly to investigate the defect and file a claim, as Georgia's statute of limitations for personal injury from defective products is generally two years from the date of injury or discovery. Do not discard evidence, as it’s crucial for proving the product was unreasonably dangerous. Learn more about the steps you should take here.
What are the common types of dangerous or defective products that cause injuries in Gainesville?
Common dangerous products in Gainesville include defective medical devices (e.g., faulty pacemakers, IVC filters, or joint replacements), unsafe children's items (e.g., cribs, toys with choking hazards, or car seats), automotive components (e.g., airbags, brakes, tires, or guardrails like the Lindsay X-LITE), household appliances (e.g., exploding batteries or faulty tools), and dangerous drugs or chemicals (e.g., recalled medications like Zantac or household cleaners like bleach and pesticides). Other frequent cases involve workplace equipment (e.g., heavy machinery) or home products (e.g., ladders or power tools). Defects often fall into three categories: design flaws (inherent unsafety in all units), manufacturing errors (issues in production affecting some units), and failure to warn (inadequate labels or instructions about risks). Annually, defective products cause over 60,000 child-related injuries nationwide, with costs exceeding $700 billion.
Who can be held liable for injuries caused by a dangerous product?
Under Georgia's strict liability laws, anyone in the product's chain of distribution can be held accountable, including the designer, manufacturer, parts supplier, assembler, wholesaler, distributor, retailer, or even packaging company. This applies if the product was defective when it left their control and caused harm during intended or foreseeable use. Claims can be based on negligence (failure to exercise reasonable care), breach of warranty (violating implied safety promises), or strict liability (no need to prove fault, just that the defect made the product unreasonably dangerous). In Georgia, even if the victim shares some fault (under modified comparative negligence), they can recover damages if less than 50% responsible, though reduced proportionally.
What types of compensation can I recover after an injury from a dangerous product in Gainesville?
Victims may recover economic damages like medical expenses (past and future), lost wages, reduced earning capacity, rehabilitation costs, and property damage, as well as non-economic damages such as pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, or mental anguish. In wrongful death cases from fatal defects, families can claim funeral costs, loss of companionship, and future earnings. Punitive damages may apply if the defendant's conduct was particularly reckless. Compensation varies by case severity, but Georgia law allows full recovery if the defect is proven under strict liability, with many settlements ranging from thousands to millions depending on evidence like expert testimony on the product's dangers.
Do I need a lawyer for a dangerous product claim?
While not required, hiring a product liability lawyer is essential due to the complexity of proving defects, which often requires expert witnesses (e.g., engineers to analyze design flaws) and navigating Georgia's risk-utility test for design defects. Manufacturers and insurers frequently deny claims or minimize payouts, so an attorney can gather evidence, negotiate settlements, and litigate if needed. Most work on a contingency basis (no upfront fees, paid only if you win), covering costs like investigations, such as Davies Hothem Injury Law.
Meet the Attorneys Leading Product Liability Cases Across Georgia
Common Georgia Dangerous Products Cases We Handle
The most popular types of defective and unreasonably dangerous products we see are:
- Automobile Defects Resulting in Auto Accidents
- Safety Restraint Failure (Airbags, Seatbelts)
- Tire Blowout or Separation Resulting in Auto Accidents
- Rollover Roof Crush
- Tesla Autopilot Crashes
- 4 Wheelers, ATVs, UTVs, Golf Carts
- Household Goods
- Children’s Toys
- Pharmaceuticals Drugs
- Medical Devices
While a safety-related recall is not required to prove a product liability case, it can be a good starting point for an investigation. The National Highway Safety Administration, the Food and Drug Administration, and the Consumer Product Safety Commission are the three primary governmental entities that investigate and announce safety-related recalls.
Client Testimonials & Reviews
Incredibly grateful for the exceptional service…
I am incredibly grateful for the exceptional service I received during my injury claim process. From start to finish, Jennifer and her amazing team handled my case with the utmost care and professionalism. They were always available to answer my questions and kept me informed at every stage. Their e...
Taylor Harris
They provide excellent advice and were extremely helpful
I had a great experience with this law firm. They provide excellent advice and were extremely helpful throughout the process. Thank you so much! I can only highly recommend them.
Lucie François
Davies Hothem maximized my settlement pure and simple.
What matters most when choosing an attorney? RESULTS. Davies Hothem maximized my settlement pure and simple. Communication was clear in all steps of the process. They were very friendly and caring about our pain and suffering. I have worked with other attorneys before and was never completely satisf...
Shawn Kirtland
Steps to Take After A Dangerous Products Injury
- After first seeking medical attention, ensure the product is preserved and not altered in any way. The product is the most important piece of evidence in your case.
- Photograph your injuries and document your recovery. Just like after a car accident, photographic evidence can significantly improve the strength of your case.
- Keep all receipts, packaging, and instructions that came with the product. These can help show when and where you purchased the item and whether you followed the manufacturer’s guidelines.
- Write down exactly what happened as soon as you can. Include details like when and how the injury occurred, who witnessed it, and any conversations you had with the seller or manufacturer.
- Contact a qualified product liability attorney before discussing the incident with insurance companies or the product manufacturer. Early legal guidance can help you protect your rights and avoid common mistakes that could weaken your claim.
Last, but not least, contact the Product Defect Attorneys at Davies Hothem Injury Law to preserve your claim.
Client Case Results
Confidential Settlement
Wrongful death trucking collision, after our client rear-ended a tractor trailer on the interstate, which was improperly loaded and on a truck that lacked proper conspicuity (reflective) tape.
Confidential Settlement
Lawsuit against UTV manufacturer for throttle failure, resulting in wrongful death.
$10 Million Settlement
Settlement following a motorcycle accident requiring multiple surgeries and left client with permanent injuries.
See all of our client case results here.
Contact our Gainesville, GA Dangerous Products Lawyer Now!
If you or a loved one has been injured by a defective product, it is critical that you contact us to speak with one of our Gainesville, GA Dangerous Products attorneys at Davies Hothem Injury Law. We have the expertise and resources required to investigate even the most challenging product liability cases, as well as the unwavering tenacity to litigate against the largest corporations in the
The United States.