Have you ever been injured by a defective product? If so, you may be entitled to compensation through a product liability lawsuit. In Georgia, strict liability tort applies to these cases, meaning the manufacturer is responsible for any harm caused by their defective product regardless of fault.
But what happens when the manufacturer issues a recall? Does it affect your case? In this article, an experienced Douglasville personal injury attorney will explain how a recall can impact a product liability lawsuit and what steps you should take if you have suffered injuries after the recall.
Georgia Applies Strict Liability to Defective Product Cases
In Georgia, if you are injured by a defective product, you may pursue a product liability case against the producer of the product. The state applies strict liability tort to these cases, which means that the maker is held liable for any harm caused by their defective product regardless of fault.
Under this law, you do not have to prove that the manufacturer was negligent or intentionally harmed you. Instead, you only need to show that the product was defectively designed or manufactured and that it caused your injuries.
This legal principle makes it easier for consumers to hold companies accountable for their actions and encourages them to make safer products. However, navigating through a product liability lawsuit can be challenging without an experienced attorney on your side.
That’s why it’s crucial to seek legal representation from a Douglasville personal injury lawyer who has experience handling these types of cases and can help guide you through the process while fighting for your rights.
Manufacturers Issue a Recall to Reduce Liability
When a defective product causes injury to a consumer, the manufacturer may face a product liability lawsuit. To reduce their liability and potential damages, companies often issue recalls for defective products.
Recalls are voluntary actions taken by manufacturers to address safety concerns with their products. They involve notifying consumers of the defect and offering remedies such as repairs or replacements.
By issuing a recall, manufacturers can show that they took proactive steps to address any issues with their products. This can potentially limit their legal exposure in any resulting lawsuits if they can prove that they notified customers of the hazard and offered solutions.
However, recalls do not absolve the manufacturers of all responsibility for injuries caused by their faulty products. Consumers who have suffered harm after using recalled items still have the right to pursue compensation through legal action.
If you believe you have been injured due to a defective product that has been recalled, it is important to consult an experienced personal injury attorney who understands how these cases work.
You May Have Suffered Injuries After the Product Recall
If a defective product has caused you injury, the first thing you should do is seek medical attention. Even if the injury appears minor at first, it’s essential to get checked out by a healthcare professional who can assess any potential long-term consequences.
In some cases, producers may issue a recall for products that have already been sold in an attempt to mitigate further liability. However, this doesn’t necessarily mean that injuries won’t occur after the recall has been issued.
You may have suffered injuries from a recalled product even if you were unaware of its defects or hazards. It’s not uncommon for manufacturers to be aware of issues with their products and choose not to inform consumers until they are forced to issue a recall.
You may still qualify to file a product liability case even if the company issued a recall notice.
The Manufacturer Has the Burden of Proof to Show They Notified You of the Recall
If a defective product has caused you harm, the producer may issue a recall to reduce their liability. However, if you have already suffered injuries before the recall was issued, what happens next?
The maker of the product has the burden of proof to show that they notified you of the recall. This means that they must provide evidence that they made attempts to reach out to customers who may have purchased or used their defective product.
The manufacturer is still on the hook in a product liability lawsuit unless they can prove that you were properly informed of the product recall.
Can You Use the Product Recall in Your Favor?
If you were injured by a defective product that has been recalled, you may wonder if the recall can help your case. The answer is “yes” and “no.”
On one hand, a recall shows that the manufacturer acknowledges there was something wrong with their product. This could strengthen your argument in court that the product was indeed defective.
On the other hand, proof of being notified about the recall would definitely weaken your case. You should have known that the product was dangerous to use and stopped using it.
Even if you did not know about the product recall at the moment of the accident, using it as evidence in your product liability lawsuit is conditioned by a critical aspect. We will detail it below.
You Have to Prove the Injuries Were Caused by the Defect Making the Object of the Recall
You can use the recall as evidence in a product liability lawsuit only if your injuries were caused by the defect that led to the recall. The burden of proof falls on you, as the injured party, to demonstrate that it was the faulty product that caused your injury.
If your injuries were caused by a different issue, then the product recall is irrelevant to your case. For example, if the recall is for an overheating issue, but you were injured by a part of the product becoming loose, then you cannot invoke the recall as proof of the defect.
Ultimately, proving that an injury was directly related to a defective product can be challenging. It is crucial to work with an experienced Douglasville personal injury attorney who understands how these cases function in court and knows how best to build a strong case on behalf of their clients.
Let an Experienced Douglasville Personal Injury Lawyer Handle Your Case!
If you or a loved one has suffered injuries due to a defective product, it’s important to seek legal assistance from an experienced Douglasville personal injury attorney. Our knowledge and experience in product liability lawsuits make us your best ally to help you navigate the complex legal process and fight for the compensation that you deserve.
By working with a skilled lawyer, you can ensure that your rights are protected throughout your case. At Hamilton, Rowe, and Fowler, PC, we always investigate the facts surrounding your injuries and work tirelessly to build a strong case on your behalf. With our guidance, you’ll have the best chance of achieving a favorable outcome in court.
Don’t wait any longer – contact an experienced Douglasville personal injury attorney today and take the first step toward getting justice for yourself or your loved ones!