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Defective Products

Cumming Injury Attorneys Reliably Litigate Defective Products Cases

Personal care and professionalism for injured consumers in northern Georgia

When you buy a product, you have the right to expect that it’s safe to use. However, we constantly hear about defective products — car gas pedals, airbags, prescription drugs — that cause terrible injuries to unsuspecting consumers. If that has happened to you, you deserve compensation, but you face a tough fight against a powerful corporation with immense legal resources. Fortunately, the injury attorneys at Lipscomb, Johnson, Sleister, Dailey & Smith, LLP can help. We have decades of experience helping injured residents of Cumming and Forsyth County get the full measure of compensation they deserve. We approach your case with firm resolve, meticulous attention and deep personal concern.

Experience with a variety of products liability claims

Our firm has vast experience in injury cases arising from different types of product defects. Under Georgia law, a product can be defective for three distinct reasons:

  • Design defect — This means the product was in the planning stage. The absence of standard safety features is a common design defect. Examples would be baby’s cribs where the slats are far enough apart that a baby’s head can be trapped between them, or assembly line machinery without a “kill switch.”
  • Manufacturing defect — This type of defect usually occurs due to a faulty manufacturing process or the use of substandard or toxic materials. Examples include baby toys with lead paint and furniture that collapses because the materials used cannot handle reasonable weight.
  • Defective labeling or failure to warn — Some products are inherently dangerous and require warning labels to make them reasonably safe. When the labels are absent, unclear or give insufficient or erroneous information, the products are made unreasonably unsafe. Power tools often need warning labels to caution users against foreseeable misuse. Medications often warn against side effects such as drowsiness or unsafe interactions with other drugs.

When consumer products are unsafe due to a defect, strict liability for injuries could attach to the designer, manufacturer, or retailer who offers the product to the public.

Understanding Georgia’s statute of repose

Just as the statute of limitations sets a two-year time limit for most personal injury cases, the Georgia statute of repose bars an injury lawsuit when a defective product causes injury more than 10 years after the date of sale. In cases of consumer products such as automobiles, which contain many component parts, any one of which could become the subject of a products liability lawsuit, the statute of repose begins to count down when a consumer first purchases the finished product. Purchasers of used products do not count the statutory period from the date of their purchase, but rather from the date of the initial purchase by the first owner. However, the statute of repose does not apply in cases of a manufacturer’s failure to warn.

Contact our injury lawyers in Cumming for your products liability case

Injured consumers can count on the experienced attorneys at Lipscomb, Johnson, Sleister, Dailey & Smith, LLP to fight for their rights. If you or a loved one has been hurt by a defective consumer product anywhere in Forsyth County, we are determined to obtain full, fair compensation. To schedule a free consultation, call 470-839-9467 or contact us online.