Our Atlanta personal injury attorneys at Ashby Thelen Lowry have successfully represented clients in defective vehicle and consumer products claims. This allows our Georgia attorneys to help our clients fully understand how these claims differ in several key aspects, primarily due to the nature of the products and regulations governing them.
Here, we explain.
How the Nature of the Product Determines Its Legal Claim Pursuit
Defective auto products typically refer to parts or components of automobiles found to be faulty or unsafe, such as brakes, airbags, tires, or electronic systems. These products are specifically designed for vehicle use and are subject to industry-specific standards and regulations.
In cases where defects in automobiles or auto parts lead to crashes, injuries, or fatalities, injured parties may pursue legal claims under product liability law. These claims may allege design defects, manufacturing defects, or failure to warn about known risks.
On the other hand, defective consumer products encompass a broader range of goods intended for personal or household use, such as electronics, appliances, toys, and household chemicals. These products may have defects that make them unsafe or unfit for their intended use.
The injured party may pursue legal claims under product liability law when a consumer product causes harm or injury due to defects or failures.
Product liability claims for consumer products typically involve negligence or strict liability theories. Negligence claims focus on proving that the product’s manufacturer, distributor, or seller failed to exercise reasonable care in designing, manufacturing, or warning about the product’s dangers. Strict liability claims do not require proof of fault; instead, they focus on whether the product was unreasonably dangerous and caused harm.
How Is Liability Determined in Defective Product Claims?
While the principles of product liability law apply to both defective auto products and defective consumer product claims, there may be differences in how liability is determined and legal claims are pursued.
In both cases, manufacturers, distributors, and retailers may be liable for injuries or damages caused by defective products. However, the specific legal standards and defenses may vary depending on factors such as the product type, the defect’s nature, and the applicable laws.
Legal claims for defective auto products may involve negligence or strict liability theories and may be subject to state-specific laws governing product liability.
Similarly, legal claims for defective consumer products may be based on negligence or strict liability theories. They may also involve additional considerations such as failure to warn or design defects.
Given the unique regulatory frameworks, legal standards, and considerations of defective auto products and defective consumer product claims, it’s crucial for individuals who have been hurt or families of those who have lost their loved ones because of these products to seek legal advice from professionals experienced in handling product liability cases. We can help.
Contact our skilled Atlanta personal injury lawyers and support team at Ashby Thelen Lowry at (404) 777-7771 to schedule a free consultation. This initial step will ensure your rights are protected and enable you to make informed decisions about the direction of your claim.