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Products Liability Information Center

Products Liability Information Center

Types of Products Liability Cases

While we benefit from innumerable products in this country, we are also exposed to a variety of risks. Products that cause injury and even wrongful death range from cars and trucks to children's furniture and toys. If you or a loved one has been seriously injured by a product, contact a products liability attorney for guidance on how to proceed.

Consumer products can, unfortunately, be dangerous if they are defectively designed, defectively manufactured or contain inadequate warnings or instructions. The following nonexclusive list describes some types of products that can harm consumers:

Automobiles and Tires: The drivers of cars, trucks and motorcycles are at the mercy of the product manufacturers, wholesalers and sellers. If the products that compose a vehicle are unsafe, causing a car's brakes to fail or an SUV's tire to blow out, serious accidents can result. Litigation involving defective vehicles and tires must allege, in most states, that the product was defective; the product was therefore unreasonably dangerous; the product was defective when it left the control of the manufacturer or seller; and the plaintiff's injury was caused by the defective auto or tire.

Toys and Children’s Furniture: Designers and manufacturers of toys and furniture intended for children need to keep a sharp eye on safety. If a child who uses a dangerous item in a foreseeable manner is likely to be injured, the manufacturer may be liable when injury occurs. Toys that contain small parts or hazardous chemicals can be harmful or deadly to children. The Consumer Products Safety Commission (CPSC) provides guidelines on children's items and information on recalls. In the past, cribs, dolls, clothing and numerous other items have been recalled. Keeping a watchful eye on both children and recall notices will help to increase safety.

Pharmaceutical and Medical Devices: Defects in medical products can occur at any stage, including the item's design, manufacture, testing and warning/instructions; the physician's prescription; and the pharmacist's distribution. Sometimes medication causes harm because the manufacturer concealed adverse testing results. In other cases, the manufacturing process allowed contaminants into the product. The harms that result can be devastating. The Food and Drug Administration (FDA) regulates pharmaceutical and medical devices. If the manufacturer did not comply with FDA regulations, often it is easier for a plaintiff to recover compensation. Depending on the case and the state in which it occurs, the plaintiff may recover general damages for pain and suffering; special damages for monetary losses; and even punitive damages if the defendant acted with malice or recklessness.

Power Tools: Powered hand tools can cause grave injuries. When the user has not been sufficiently warned of the dangers or the tool has a design or manufacturing flaw, the tool may be unreasonably dangerous and leave the manufacturer open to liability. If a tool does not have a necessary thumb guard, for instance, or the instructions fail to warn the user to wear protective gloves, the manufacturer may be liable for the user's injuries.

If you have been injured by a product that was defectively designed or manufactured or failed to provide adequate warning, you may have a case against the manufacturer or seller. The laws vary from state to state, so it is important to contact an experienced attorney 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.