Dangerous Products

Georgia Defective Product Attorney

Atlanta product liability lawyer Stephen M. Ozcomert has over 20 years of experience representing victims injured by defective products. His successful track record has earned him a place among Georgia’s “Super Lawyers” and “Legal Elite.” When manufacturer or retailer conduct injures the consumer, Mr. Ozcomert is there to help clients achieve justice.

Product Defects

Product liability refers to an area of personal injury law involving defective products. Consumer goods may be flawed in their components, construction, or design. Legal liability can arise when any reasonable use of the product harms the consumer. But manufacturers often recall dangerous goods only after they severely injure a large class of users. Dangerous products may involve:

• Baby toys
• Tires, brakes
• Diseased cattle
• Food-borne virus
• Flammable textiles
• Hazardous chemicals
• Electrical malfunction
• Prescription medication
• Lead, asbestos poisoning
• Medical devices, implants

Flawed products may cause immediate harm, such as infant death, or slowly injure over time. Patients, for example, can become more prone to cardiac arrest, infection, or mortality because of a defective drug or device. Flawed vehicles may similarly make accidents more likely. Workers often discover the dangers of toxic exposure many years later, after becoming terminally ill. Let Atlanta products liability attorney Stephen M. Ozcomert pursue your full compensation if you have been injured due to product defects.

Product Liability

Product liability is governed by the Official Code of Georgia Annotated (OCGA) § 51-1-11. This section imposes liability on manufacturers and sellers that violate a legal duty, injuring consumers. Because they are best-suited to identifying and preventing product defects, manufacturers are strictly liable to injured victims. In order for consumers to hold them liable, OCGA § 51-1-11 requires that manufacturers:

• Make or design the failed product/part
• Later sell assembled parts as single item
• Intend to select or integrate specific system
• Play active role in placing item in commerce

Georgia courts narrowly interpret strict liability as applying only to manufacturers, not product sellers. Victims injured by defective products made by manufacturer meeting these requirements are not required to show negligence, or failure to exercise due care. They only need to prove injury by use of the manufacturer’s defective product. “Sellers,” on the other hand, are not strictly liable if their role is limited to:

• Installation, preparation
• Repairs and maintenance
• Sale, lease, or distribution
• Package, marketing, labels
• Instructed/directed assembly

In these cases, licensed dealers can be liable for selling products that are “not merchantable” or suited to their intended use and the defective condition caused an injury. Personal injury victims may file suit against the manufacturer and seller based on product liability. However, § 51-1-11 requires that consumers bring an action within 10 years of the sale or use of the product. This is called the “statute of repose” and is a separate statute of limitations applicable to product liability actions.

Recover Compensation

If you were injured by a dangerous product, Atlanta product liability attorney Stephen M. Ozcomert can help. Because OCGA § 51-12-33 requires sharing fault among liable parties, product liability cases can be complex. Mr. Ozcomert has the experience necessary to prove joint liability and each person’s percentage of fault. Even if you are partly responsible for the injury, he avidly defends your rights in order to maximize your reward from manufacturers and sellers of defective products. Call (404) 370-1000 today for a free consultation or contact us online.