Understanding When a Product is Considered “Defective”

The law of products liability allows victims and their families to recover just compensation following accidents that involve defective products. This raises an important question: When is a product considered “defective”?

A product can be classified as defective for one (or more) of three primary reasons. The types of product defects are:

• Design Defects – A product is defective in its design if it is unsafe even when manufactured and used properly. An example of a product that suffers from a design defect would be a bookshelf or crib that is prone to falling over.

• Manufacturing Defects – Manufacturing defects occur when there is a flaw in the process of making or assembling a product. An example would be an appliance that is improperly wired and thus at risk for causing an electrical fire.

• Warning Defects (“Failure to Warn”) – Products can also be deemed defective if they do not come with proper warnings on their packaging. If a product requires instructions for safe use, failure to provide these instructions can qualify as a product defect.

With all three types of product defects, holding the designer, manufacturer or retailer accountable requires experienced legal representation. As a result, if you think that you may have a product defect claim, you should speak with an Augusta products liability attorney as soon as possible. An experienced attorney will be able to evaluate your legal rights, identify the party (or parties) responsible for your losses, and then calculate a fair settlement amount before seeking just compensation on your behalf.

Common Types of Products Liability Claims

Do you have a products liability claim? These claims can involve a variety of types of issues, and virtually all types of products have the potential to suffer from design, manufacturing and/or warning defects. Our firm handles all types of products liability claims, including (but not limited to) those involving:

• Bicycles, tricycles and scooters (including e-bikes and e-scooters)

• Cars, motorcycles, trucks and SUVs

• Cleaning products and other solvents

• Hand tools and power tools

• Home appliances

• Home furnishings

• Industrial equipment and machinery

• Personal electronics

• Safety equipment

• Toys and recreational equipment (including playground equipment)

Whether you got injured at home or at work or your child was injured in a product-related accident, Augusta products liability attorney Keith B. Johnson can help you understand your legal rights and decide whether it makes sense to pursue a claim. If a products liability claim is warranted, Keith can use his experience to represent you—negotiating for a favorable settlement while also preparing your case for the possibility of trial.

What to Do After a Product-Related Accident

If you think you may have a products liability claim (or if you aren’t sure and want to find out), there are some important steps you should try to take after a product-related accident. To protect your legal rights and maximize your chances of recovering just compensation, you should:

#1: Keep the Product and Its Packaging (if Possible)

Even if it is broken or in pieces, you should keep the product that injured you or your family member. You should also keep the packing, if you still have it. It is a good idea to take photos of the product as well, and you will also want to take photos to document the location where the accident happened if you have access (i.e., if the accident happened at your home).

When pursuing a products liability claim, the product and its packaging can serve as critical evidence in support of your legal rights. Your attorney may also need to have the product examined by an expert who can explain exactly how the product failed and why.

#2: Go to the Doctor’s Office (or Hospital) Promptly

If you have not done so already, you should go to your doctor’s office or the hospital promptly. When pursuing a products liability claim, you need evidence that your (or your child’s) injuries are related to the product’s failure. The timing is important, and seeking treatment promptly will help prove exactly when your (or your child’s) injuries were sustained.

When seeking treatment, be sure to tell the doctor exactly what happened. Explain that the accident was product-related, and describe how the accident occurred to the best of your ability. Once you receive a treatment plan, follow your doctor’s advice (or seek a second opinion, if necessary), and focus on doing everything you can to recover (or help your child) recover as quickly as possible.

#3: Take Detailed Notes About the Accident

Along with keeping the product, keeping the product’s packaging and taking photos, you should also try to take detailed notes about the accident. The more information you can write down, the better. Even after a life-changing event, your memory can fade quickly, so it is important to write down everything you can remember while the details are still fresh in your mind.

#4: Avoid Posting About the Accident on Social Media

While it might be tempting to post photos of the damaged product on social media and let your friends and family know what happened, you should resist this temptation at this time. If you post comments or photos online, the company (or companies) you are suing may use them against you. The time to tell your story will come; but, for now, it is important to keep the details of the accident between you and your attorney.

#5: Talk to an Augusta Products Liability Attorney

To file a product defect claim, you will need to work with an experienced Augusta products liability attorney who can take on the company (or companies) that are responsible for your losses. With this in mind, your first step is to schedule an initial consultation. This initial consultation should be completely free and confidential, and you should not feel like you are under any obligation to move forward if you aren’t ready.

We represent individuals and families in products liability claims throughout Georgia. When you contact us, we will arrange for you to speak with attorney Keith B. Johnson in confidence as soon as possible. Keith will provide a comprehensive assessment of your legal rights, and then he will help you make informed decisions about your next steps.