Product Liability – Defective Products
When a person uses a product in a reasonable manner and that product causes injury, the manufacturer, wholesaler, or seller may be liable. Think of a hairdryer that emits a dangerous shock, a vehicle that catches fire when rear-ended, or a child's toy that contains small, sharp pieces: consumers should be able to use these products as they are intended to be used without worrying about being hurt.
Products liability law allows consumers to seek compensation when a product harms them. Compensable injuries can result from several types of wrongdoing on the part of the manufacturer, wholesaler, or seller, such as negligence; design defects; manufacturing defects; lack of proper warning or instructions; and unreasonably dangerous conditions of the product.
Consumer Product Safety Commission
The Consumer Product Safety Commission (CPSC), under authority granted by the Consumer Product Safety Act (CPSA), is a governmental agency that protects consumers from the risks of injury or death caused by products. Not all products, however, are within the scope of the agency. Tobacco, medical devices and food, for instance, are not covered by the agency. Items such as furniture, clothing, toys and tools are covered by the agency.
The CPSC publicizes recalls of products including those that contain excessive lead paint, cause fires or present other unreasonable threats of injury. It also establishes standards of product safety and fines manufacturers for violations. Companies must convey reports of unreasonably dangerous products to the CPSC.
On average, the CPSC requires the recall of approximately 400 products from the American market place every year. These recalls help lower the risk of injury or deaths to consumers, but they do not come close to eliminating the problem of defective products. With the rising influx of imported products from China and other foreign countries, the risk of being injured or killed by a defective product will likely remain a concern for many years to come.
Georgia Law - Consumer Product Safety & Products Liability
State law typically deals with products liability. State law, however, may be preempted by federal law in certain situations, and specific products liability laws vary from state to state. Therefore, it is important to consult with Attorney Miguel Cossio, because he knows the law.
Georgia law requires that injury victims bring a lawsuit within two (2) years of the date of injury. In the field of PRODUCT LIABILITY, there is an additional “statute of limitation” known as the STATUTE OF REPOSE.
Georgia law states “no action shall be commenced… with respect to an injury after ten (10) years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury”. O.C.G.A. § 51-1-11(b)(2).
Georgia law requires you to bring a suit within two years of the date of injury PLUS the product cannot be more than ten (10) years old.
Attorney Miguel Cossio has years of experience with Product Liability cases. He understands how to investigate these claims, consult the appropriate experts, and launch your case against some of the world’s most powerful manufacturing giants and distributors of defective products.
Thousands of Products – Subject of Product Liability Litigation
Since the 1960’s when the law of product liability began to be developed in this country, thousands of different industrial machinery and/or consumer products have been the subject of product liability litigation. A claim of product liability can be made in any instance where someone is hurt or killed by any type of defective consumer or industrial good after it was manufactured or produced, placed in the stream of commerce, and then purchased and used by an individual, business or governmental entity. Thus, product liability lawsuits have involved many different types of products including, but not limited to, the following:
- motor vehicles (including cars, trucks, vans, SUV’s and motorcycles);
- automotive parts or accessories such as tires, brakes, cruise control systems, batteries, seatbelts, airbags, trailer hitches, cargo racks, jack stands;
- child car seats;
- toys, baby cribs, mattresses, baby strollers, infant bassinets, play pens, changing tables, swings, playground equipment and other items used for or by children;
- motorized recreational vehicles such as 4-wheelers, ATV’s, motor scooters, mopeds, mini-bikes, and golf carts;
- jet skis, motor boats, marine trailers, rafts, ski equipment, scuba gear, life jackets, life preservers and other goods used for water recreation;
- treadmills, exercise bikes, stair machines, weight apparatus and other exercise equipment;
- trampolines, bungy cords, paint ball guns, bicycles, tricycles, skateboards, rollerblades, skates, scooters, helmets and other similar recreational items;
- tents, sleeping bags, propane heaters and grills, deer stands, portable generators and other equipment used for hunting, fishing or camping;
- rifles, pistols, hand guns, trigger locks, pellet guns, and other firearms;
- industrial equipment such as forklifts, hoists, air compressors, punch presses, boilers, turbines, conveyor systems, and manufacturing machinery;
- construction equipment such as bobcats, tractors, bulldozers, cranes, jackhammers, welding tools, scaffolding, ladders, hard hats, and power lifts;
- elevators, escalators, moving sidewalks and similar passenger moving equipment;
- baby pools, above ground pools, permanently constructed pools, whirlpools, hot tubs, spas, diving boards, pool slides, pool covers, pool fencing and gates, etc.;
- lawnmowers, chainsaws, mulchers, blowers, tillers and other lawn equipment;
- saws, drills, nail drivers and other power tools;
- household appliances such as water heaters, dishwashers, stoves, furnaces, gas fireplaces, space heaters, irons, deep fryers, microwaves, outdoor grills, and garage door openers;
- hair dryers, disposable lighters, electric blankets, batteries and other consumer goods;
- toxic or potentially poisonous substances such as pesticides, herbicides, insect repellants, solvents, household cleaners, insulation, lead paint and other chemicals;
- highly flammable clothing such as kid pajamas and Halloween costumes;
- medical devices such as implants, ECG monitors, coronary stents, pacemakers, defibrillators, surgical mesh, heart valve replacements, orthopedic bone screws, and joint replacement components; and
- pharmaceutical products such as prescription drugs, over-the-counter medicine, diet pills, contact lenses and contact lens solution.
All of these products can be and actually have been the subject of product liability litigation in Georgia or other states. Many of these products have been the subject of recalls required by various federal agencies such as the Consumer Product Safety Commission (CPSC), the Food & Drug Administration (FDA), or the National Highway Traffic Safety Administration (NHTSA).
What makes a product Defective / Dangerous?
Product defects come in a variety of forms. The most common types of “defects” are:
- design defects,
- manufacturing defects, and
- marketing defects / failure to warn
A design defect occurs when the manufacturer or producer fails to design the product so that it is safe for its intended use. Typically, the manufacturer could have used a safer alternative design to avoid foreseeable risk. This occurs when, for instance, a hammer is designed with a weak handle or a swing set is designed with an unstable base.
A manufacturing defect occurs during the manufacturing process and has nothing to do with the design. Even if the design was perfect, poor manufacturing can undo proper safety measures. This can occur when a manufacturer uses the wrong materials or fails to use appropriate quality controls.
A marketing defect / failure to warn — the failure to warn of danger or instruct on proper use — is a different kind of defect. A product that is safe when the consumer knows how to use it can turn dangerous without the proper warnings. The manufacturer has a duty to warn users of non-obvious aspects that can make the product dangerous. A marketing defect can occur when the manufacturer fails to provide proper instructions. For instance: instructions and warnings of hazard when using a household cleaner only in well-ventilated areas / or to wear gloves while using the cleaner / or to instruct a motorist to disengage an engine prior to refueling. There are countless examples.
When you have been hurt by a defective or unreasonably dangerous product
Seek immediate medical care for your injuries, it is important to keep the product that caused the injuries; if you keep the product, it will be easier to prove what kind of defect caused the problem. Attorney Miguel Cossio will advise you on how to proceed.
