Common defective products and product liability

On Behalf of | Oct 22, 2021 | Defective Products, Personal Injury |

Defective products are items with flaws that may cause serious injury. Defects often come from a lack of warnings, a design flaw or a manufacturing error. There are several products that a consumer in Georgia should know about that could cause injury.

Household products that cause injury

Statistics show that defective household products caused 55,860 visits to the ER in 2004, and over 158,00 injuries needed medical treatment. Household products, such as poorly made electric blankets, can pose a danger involving electricity and heat. Other common types of defective household products include smoke alarms, power tools, furniture and cleaning supplies.

Children’s toys can present a choking hazard to toddlers or cause cuts if they have a poor design. A toy with heat elements and poor design, such as toy ovens, can cause burns even if used properly.

A common defective product is a medical device that causes more injury to the patient instead of helping. For example, IVC blood clot filters designed to stop blood clots from traveling to the lungs have caused death and injury.

Product liability overview

Product liability laws refer to personal injury torts that hold a manufacture accountable for any flawed products they place in the public. The law applies to all parties along the supply chain, from development and manufacturing to distribution and retailers. There are several organizations that set guidelines for consumer protection, which include the FDA and the Consumer Product Safety Commission.

An injury by a product doesn’t always mean that the product use has a case or that the company is responsible. To bring a case, the plaintiff must prove that the product had a defect even though they used it correctly. In Georgia, strict liability laws apply, which means the plaintiff doesn’t have to prove negligence if the product caused injury.

Sometimes, joining a class action lawsuit will give the plaintiff a better outcome as opposed to a single claim. A successful lawsuit may include compensation for all the victims of that product’s defects.