Marietta Product Liability Lawyer
Product liability is a well-established area of the law dealing with injuries brought about by a defect in a product’s design. Since the majority of laws affective product liability litigation exist at the state level, it is important when pursuing a claim to have an attorney conversant with the local code. Working with a Marietta product liability lawyer will insure that you are receiving the best possible representation.
Product liability claims fall into a number of legal categories, which include negligence, strict liability, and breach of warranty and consumer protection. Each claim might relate to one or more of three possible product deficiencies: a design defect, a manufacturing defect, or failure to warn.
Negligence implies that an injury has occurred because of a breach of duty on the part of a manufacturer. In these cases your Marietta product liability lawyer will show that the manufacturer’s breach of duty related to the design or manufacture of the product, or arose from the failure of the manufacturer to warn you of a particular danger that could arise from the use of the product. Negligence is said to be “per se” if the manufacturer has violated a law or regulation.
Strict liability claims arise when an injury is caused by a product and where the manufacturer cannot be shown to have been explicitly negligent in its manufacture. The precedent of strict liability was established in law in 1963 in the California case Greenman vs. Yuba Power Products. In a strict liability case, your product liability attorney will seek to prove that the injury was caused by a defect in the product used, and that the manufacturer was the party most responsible for foreseeing the possibility of injury. Having a Marietta product liability lawyer will ensure that the applicability of a strict liability claim in your jurisdiction, as there are some regions where they are not permitted.
Breach of Warranty claims can take three forms: breach of an express (or written) warranty, and breach of an implied warranty of merchantability or of fitness of certain use. A qualified product liability lawyer will help you determine for which claim you may be able to file.
The last form of product liability claim is one of consumer protection. This type of claim would arise when a particular government regulation has been violated by a manufacturer.
Your Marietta product liability lawyer will ensure that your claim is handled with professionalism, and that all the legal expertise you need is at your disposal.
