Defective products can leave Georgia residents suffering serious injuries. If you experienced harm as a result of using such a product properly, you might want to file a defective product claim. It’s important to know how to begin.
When can you start a defective product claim or lawsuit?
Just because you suffer an injury after using a product, it doesn’t automatically mean that product is defective. For instance, if you used a product in a way other than it’s meant to be used and become injured, you may not have cause to file a defective product claim. Certain elements must be present to file a lawsuit. They include the following:
• The product directly caused your injuries.
• The product has a defect in its design or manufacture and there is no warning stating that using it incorrectly may lead to danger or injuries.
• The product was used properly.
How can you file a product liability claim?
If you suffered injuries after using a defective product, you can file a product liability claim or lawsuit on one or more grounds. One is a breach of warranty. This means that if the product did not work in the way the manufacturer intended and claimed and you suffered injuries, you have the right to hold the manufacturer liable for your damages. When the product proves defective and harmful, it equates to a breach of warranty.
Negligence is often a factor in product liability cases. It occurs when there is a flaw or defect in a product’s design or part. If the manufacturer or another party failed to ensure that the product was safe to use as intended, they could be held accountable due to negligence.
Strict liability is another basis for product liability claims. If a product is unreasonably harmful, you have to show that the defect caused your injuries.