Products Liability Information Center

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Frequently Asked Questions about Products Liability

Q: Who is responsible when a product causes an injury?

A: Manufacturers, wholesalers and sellers may all be responsible when a product injures someone. If the product is defective or it presents an unreasonable danger, and the defect or danger causes the injury, the injured party may have a case. The defendants can be found liable under theories of negligence, strict liability or breach of warranty.

Q: What kind of compensation or damages can be awarded in products liability cases?

A: Depending on the strength and the facts of the case, the plaintiff may recover compensation for medical bills, lost wages and pain and suffering. Punitive damages may be available if the defendant acted in a malicious or grossly negligent manner. The level of the award and its application depends on the state in which the litigation takes place.

Products Liability

A design defect is some flaw in the intentional design of a product that makes it unreasonably dangerous, whereas, a product has a manufacturing defect when the product does not conform to the designer's or manufacturer's own specifications.

Products Liability - An Overview

Defective and unreasonably dangerous products can cause serious injuries to adults and children alike. No one uses a product expecting it to break or fail; when a product's defect becomes apparent, it can take the user by surprise.

Luckily, products liability is a well-established area of the law. If you have been injured, consult with an experienced products liability attorney to discuss your options.

The federal government regulates some aspects of consumer product safety, but the laws affecting products liability litigation exist at the state level. Although the intricacies of these laws vary from state to state, the states share some overarching principles.

What Is Products Liability?

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 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. If you or a loved one has been injured by a product, consult with an experienced attorney to discuss your options.

Defective Products

Defective products can cause serious injury and even death. Defects can be traced to three main stages: when the product is designed, when the product is manufactured and when the consumer should receive instructions or warnings. If a product harmed you or a loved one, contact a products liability attorney to discuss your case.

Types of Products Liability Cases

Because we interact with so many different products in this country, injuries can have many different sources. Products that cause injury and even wrongful death range from cars and trucks to toys and children's furniture. If you or a loved one has been seriously injured by a product, contact a products liability attorney for guidance on how to proceed.

Special Considerations in Products Liability Cases

If you or a loved one has been injured by a defective product, the first thing to do is seek proper medical care. After that, you may wish to take legal action. Products liability cases can be complex, so it is important to seek the help of an experienced attorney. An attorney can help you sort out the details and secure the witnesses you need.

Products Liability Resource Links

US Consumer Products Safety Commission (CPSC)
The CPSC oversees more than 15,000 types of consumer products in the US. It establishes safety guidelines, sets fines and coordinates recalls of defective and dangerous products.

Federal Trade Commission (FTC)
The FTC is responsible for handling complaints about false advertising and fraud, including claims that relate to product quality.

Food and Drug Administration (FDA)
The FDA regulates the nation's drugs, medical devices, cosmetics and food. Its Web site provides information on its activities and recalled items.

Institute for Safe Medication Practices (ISMP)
ISMP is a nonprofit organization dedicated to informing both consumers and health care providers about the safe use of medication. The Web site discusses issues such as medication errors and easily confused drug names.

$17,716,401 Verdict / Auto Product Liability / Ford Explorer Rear Restraint System / Lap Only Seat Belt

12/18/2009 Wheeler v. Ford Motor Company, et al., State Court, Clayton County, Georgia.

Plaintiffs Lynn and Douglas Wheeler won their design defect and failure to warn claims against Ford Motor Company relating to the 2002 Ford Explorer. On Christmas morning 2005, 58 year old Lynn Wheeler was on her way to church with her family. Lynn Wheeler was seated in the rear center seat of her son’s 2002 Ford Explorer, wearing the lap-only seat belt Ford installed for that seating position. Two of Lynn Wheeler’s grandchildren were in child seats on either side of her. As they entered a curve on Noah’s Ark Road, a 2-door Eagle Talon coupe driven by John C. Stanley crossed the centerline and struck the Explorer head-on.

$5,470,000 Verdict/Wrongful Death

10/23/09 Pitts v. A&G Trucking. Inc., et al., State Court of DeKalb County, Georgia.

Plaintiffs, four minor children, recovered for the death of their father, who was killed by a dump truck driver while the decedent was working as a "spotter" or "flag man" on the runway expansion at Hartsfield Jackson Atlanta International Airport. According to eye-witnesses, the driver of the dump truck was talking on her cell phone or CB radio and was given a stop signal by the deceased.

$45,000,000 Settlement | Credit Insurance/Consumer Rights Class Action

10/31/07 Toole v. J.M.I.C. Life Insurance Company, Superior Court of Muscogee County, Georgia

Plaintiff Toole represented a class of people who prepaid J.M.I.C. Life Insurance Company premiums for credit life and disability insurance policies when they purchased vehicles. J.M.I.C. Life Insurance Company contractually promised to refund any unearned premium if class members paid off the insured loans before the five-year term had expired, but failed to do so when they paid off the insured loans early.

$105,500,000 Verdict | Defective Automobile

11/23/04 Flax v. Daimler Chrysler Corporation and Louis A. Stockell, Jr., Circuit Court for Davidson County, Tennessee

More Verdicts

Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone...

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Columbus, GA 31902
FAX 706.323.2962
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Atlanta, GA 30324
FAX 404.321.1713
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With offices in Atlanta and Columbus, Georgia, the attorneys at Butler, Wooten & Fryhofer, LLP represent the seriously injured throughout Georgia, including the cities of Atlanta, Columbus, Marietta, Smyrna, Roswell, Gainesville, Peachtree City, Forest Park, Riverdale, Lagrange, Macon, and Savannah. Our lawyers have handled accident and defective product claims nationwide, including Alabama, Arizona, California, Connecticut, Florida, Georgia, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, West Virginia and Wyoming.