Cause of action in a product defect claim - Savannah Injury Lawyer

Cause of action in a product defect claim - Explained in detail

Generally, a product can be defective as the result of a manufacturing defect, a faulty design, or insufficient warnings or instructions. Applying these principles to practice, product liability cases are usually brought under one or more of these five theories, which in legal terms, are called causes of action:
(1) Defective manufacture;
(2) Defective design;
(3) Failure to warn;
(4) Negligence; and,
(5) Breach of warranty.

If the injury has been caused by a defective product, the plaintiff must establish the following: (a) the products utility to the general public as a whole and to the individual user; (b) the likelihood that the use of the product will cause injury; (c) the availability and viability of a safer alternative design; and, (d) the degree of knowledge of the product's likely danger that can reasonably be attributed to the injured person.

A manufacturer must warn consumers about the likely, or unseen, dangers that are associated with a buyer’s foreseeable use of the product -- even if that particular use is not the intended one, and even if the product is not otherwise defective. In order to succeed on this theory, the claimant will have to demonstrate that if adequate warnings had been provided, the injury would not have occurred. In pratical terms, this requirement is often difficult to meet, as the defenses to this claim are typically very strong.

---------------------------------
Savannah GA personal injury lawyers and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.