Product Liability Overview

Understanding Product Liability

Product liability refers to the legal liability that manufacturers and sellers have when their products cause injuries or fatalities. Product liability laws govern any claims you file as a result of these injuries. At Turnbull, Moak & Pendergrass, we can offer the help you need. 

What Are the Unique Challenges of Product Liability Claims?

Unlike other personal injury claims, you don’t have to prove negligence when dealing with product liability. This is because these kinds of claims follow strict liability laws, which only require that you show the product directly caused injuries. There are still some things you do have to prove, however. You’ll have to show that the product was in some way defective and that you used it as intended. You then have to demonstrate that the product defect or malfunction led to the injuries you sustained and that you can be compensated for the damages you suffered. Although you don’t have to prove negligence, you still need to provide evidence that the product didn’t work as it should have. That isn’t easy to do, which is why turning to a product liability lawyer in Atlanta, GA, is vital. Something to keep in mind is that you may be dealing with corporations and large businesses that have teams of lawyers. If you don’t have experienced representation, it can be very difficult to win these kinds of claims. 

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What Are the Different Types of Product Defects?

Product defects typically fall into three main categories, each of which can lead to serious injuries and potential legal claims. Understanding these defect types can help you determine if you have a valid product liability case.

The main types of product defects include:

  • Design defects: Flaws in the product’s original design that make it inherently unsafe, even when used as intended
  • Manufacturing defects: Errors that occur during the production or assembly process, affecting a batch or specific item
  • Marketing defects: Failures to provide proper instructions, safety warnings, or adequate labeling about the product’s use or risks

What Are Common Defective Product Injuries?

Defective products can cause serious harm when they fail to work as intended. At Turnbull, Moak & Pendergrass, we help injury victims hold manufacturers, distributors, and retailers accountable when unsafe products cause preventable harm. 

Common injuries from defective products include:

  • Burns and electric shocks
  • Lacerations and puncture wounds
  • Broken bones or fractures
  • Head and brain injuries
  • Internal organ damage
  • Choking or suffocation injuries
  • Illnesses from toxic exposure

What Needs to be Proven in a Product Liability Case

To succeed in a product liability case, you must prove that the product was defective and that the defect directly caused your injury. At Turnbull, Moak & Pendergrass, we help clients build strong claims backed by evidence and expert testimony.

Key elements that must be proven include:

  • The product was defective. This could be due to a design flaw, manufacturing error, or lack of proper warnings or instructions.
  • You used the product as intended, or in a way that was reasonably foreseeable by the manufacturer.
  • The defect caused your injury. There must be a direct link between the defect and the harm you suffered.
  • You suffered measurable damages, such as medical bills, lost wages, or pain and suffering.

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How Can a Product Liability Lawyer in Atlanta, GA, Offer Help?

When you turn to Turnbull, Moak & Pendergrass, you’re getting help right from the start. It’s important to understand that not every person who thinks they have a claim does. An early assessment allows us to see if we can help. The next step is to gather all of the necessary evidence to show that the injuries you sustained were caused by a product that didn’t work as it should have. Evidence can include medical records and expert witness testimony. Perhaps the most difficult aspect of filing a claim of this type is the negotiation process. Because dealing with manufacturers and sellers can mean facing entire teams of lawyers, knowing you have professionals by your side makes a difference. Our lawyers have handled countless product liability claims, and we know how to manage the unique challenges of dealing with corporate lawyers. If we feel that the negotiations aren’t getting anywhere or that you’re not being treated fairly, we have litigation experience. This means that we won’t shy away from filing a lawsuit and taking your case to court.

What Kind of Compensation Can I Get for a Product Liability Claim?

A product liability attorney in Atlanta, GA, will be able to assess exactly the kind of damages that you could be entitled to receive.

Medical Expenses

Injuries resulting from a malfunctioning product can mean incurring medical expenses you shouldn’t have to pay out of your own pocket. Compensation is available for hospital bills, medication costs, and even therapy.

Future Medical Costs

If you’ve suffered an injury that will require ongoing care, the damages can also include future costs of the treatments you will need.

Lost Wages

Suffering an injury and getting care may mean having to miss work. That results in not getting paid what you would otherwise have made. You can claim the income you missed out on as damages as well.

Future Earnings

For injuries that are severe enough to lead to disabilities, you could also get future wages you’ll give up because you can’t work at your old job or at all.

Pain and Suffering

Pain and suffering damages strive to compensate you for the physical and emotional distress the injuries and the whole experience have caused. We can help you put a fair number to these damages.

Loss of Enjoyment of Life

If you’re dealing with lasting injuries or disabilities, your quality of life suffers. This means that you could get compensation for loss of enjoyment of life.

Additional Non-Economic Damages

By assessing your claim, we can help you understand the various other non-economic damages that you may be able to get.

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Why Choose the Atlanta Product Liability Lawyers at Turnbull, Moak & Pendergrass?

If you’ve been injured by a defective or dangerous product in Atlanta, Turnbull, Moak & Pendergrass is here to help you pursue the compensation you need to recover. Product liability cases can involve complex legal and technical issues, but our attorneys bring together local insight, nationally recognized accomplishments, and a strong record of results to protect your rights and hold manufacturers accountable.

Our team includes:

  • Philip Pendergrass has been recognized since 2017 as a Super Lawyers Rising Star—an honor awarded to only the top 2% of attorneys in Georgia. He is deeply committed to advocating for injured consumers and serves on the PAC Board of the Georgia Trial Lawyers Association (GTLA), where he was selected as a lead member in 2020. Philip is an Atlanta native who attended Providence Christian Academy in Lilburn, earned his undergraduate degree from Augusta State University (now Augusta University), and received his Juris Doctor from the University of Georgia.
  • Brett Turnbull, recognized by Super Lawyers, Top 40 Under 40, and The Best Lawyers in America®, holds an AV Preeminent rating and has served in leadership roles within major legal organizations. He earned his Juris Doctor from the Cumberland School of Law at Samford University and holds degrees in International Finance and German from the University of Alabama. Brett secured a $24.9 million jury verdict in a landmark automotive defect case involving the wrongful death of a mother and two children.
  • Andrew Moak is consistently recognized as a Super Lawyer and is an active member of the National Trial Lawyers and the American Association for Justice. He earned both his undergraduate degree and Juris Doctor from the University of Alabama and has extensive experience litigating complex injury claims.

Our product liability lawyers in Atlanta provide personalized legal strategies, aggressive advocacy, and thorough investigations to identify defects and hold all responsible parties accountable. If you’ve been harmed by a defective product in Atlanta, let us help you seek justice—call (404) 882-5872 or schedule a free consultation online today.

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Product Liability FAQs

How long do I have to file a product liability claim in Georgia?

In Georgia, you generally have two years from the date of injury to file a product liability lawsuit. There is also a 10-year statute of repose that bars claims more than 10 years after the product was first sold, even if the injury occurs later. It’s important to consult an attorney promptly to protect your rights.

Who can be held liable for a defective product?

Liability can fall on the manufacturer, parts supplier, distributor, wholesaler, or retailer. A skilled attorney at Turnbull, Moak & Pendergrass can help identify all responsible parties based on your case details.

How much is my case worth?

Case value depends on factors such as injury severity, medical expenses, lost wages or reduced earning capacity, pain and suffering, and, in some cases, punitive damages. Our team's thorough evaluation can provide a clearer estimate.

What is the process for filing a product liability claim?

The process typically includes an initial consultation, investigation and evidence gathering, identifying liable parties, filing the claim, settlement negotiations, and possibly going to trial. We will guide you through each step.

What if a loved one dies as a result of a defective product?

If a defective product caused a fatal injury, you may file a wrongful death claim seeking compensation for medical and funeral costs, lost income and benefits, loss of companionship and support, and potentially pain and suffering of the deceased through the estate. Our firm can support you during this difficult time and pursue justice on your behalf.

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