Dangerous and Defective Product Cases
While most people are aware that a manufacturer can be sued if it sells a defective product that maims or kills people, many people are not aware of the contexts in which product liability claims may arise. Many automobile crashes, for example, are caused or made worse by a design defect in the car or defective safety equipment. Page Perry attorneys have been involved in cases where people were ejected from automobiles due to defective seat belts or door latches, causing fatal injuries that would otherwise have been minimal had the passenger not been ejected.
Sometimes car accidents are caused by tire defects such as belt separations, and there have been a number of cases where tire manufacturers have been held liable for crashes caused by unsafe tires. So-called “crashworthiness” cases may arise where an automobile is designed or manufactured in a way that causes the occupants to suffer a greater injury than would have been the case had the vehicle been properly made.
In addition to automotive product liability cases, Page Perry lawyers have handled cases involving on-the-job injuries caused by defective tools, ladders or scaffolding, and other equipment. While an injured employee cannot sue his or her employer for an on-the-job injury under Georgia law where the employer is required to provide worker’s compensation benefits, it may be possible to bring a third-party claim against the manufacturer, seller, or lessor of defective equipment used on the job site.
Similarly, there have been many cases recently where patients undergoing medical treatment have been killed or seriously injured because of a dangerous drug or medical device. Sometimes a drug will be approved by the FDA for treatment of certain medical conditions but not others, yet drug manufacturers will sell the drug to doctors for unapproved or so-called “off label” uses for which there has not been sufficient research and testing to warrant approval for that purpose.
Generally, a manufacturer has a duty to make safe products, but if there is no way to make the product completely safe, then the manufacturer has a duty to provide adequate warnings and instructions to make the product as safe as possible. Many product liability cases turn upon the efficacy of a safety warning, and whether the instructions were understandable to the average consumer using the product.
If you or someone you know has been seriously injured or killed by a defective or poorly designed product, call the experienced lawyers of Page Perry for representation at (877) 673-0047.