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Products Liability Information Center

Products Liability Information Center

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.

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.

Not all injuries, of course, can be prevented by the CPSC. If you have been injured or a loved one has been injured or killed, you may have a case against the product's manufacturer or seller.

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. This is why it is important to consult an attorney who knows the law in your state.

Workplace Injuries

Not every products liability-related injury occurs at home. The workplace also can be a minefield of dangers, depending on the nature of the work. Jobs in manufacturing and production can be risky, and the companies that make the equipment must take measures to make the equipment safe. The Occupational Safety and Health Administration (OSHA) is a federal agency that establishes rules on workplace safety and inspects workplaces for compliance.

Wherever you are, you should be able to expect that when you use a product in a reasonable manner, you should be safe from injury.

Contact an Attorney

If you have questions regarding an injury that was caused by a defective or unreasonably dangerous product, it is best to speak with an attorney. Schedule a consultation with a products liability lawyer to discuss your situation.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Success Stories

$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

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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.