Product liability cases make up a total of 5% of personal injury trials, according to the U.S. Department of Justice. Although the number of cases isn’t quite as high as motor vehicle accidents (52%) or medical malpractice (15%), it’s still important to seek justice for your injuries.A product liability case is when legal action is sought against the manufacturer of a product for personal injury or property damage. However, before you file a lawsuit for product liability, it’s essential that you first understand the basics regarding time limits, damage limits, and basis for liability in Georgia.
Time Limits In Personal Injury Law Like all states, Georgia has a time constraint for filing a liability lawsuit. You have up to two years to file a lawsuit against a product manufacturer for personal injury. However, for property damage, you have up to four years. The time window for these lawsuits opens as soon as you discover the product’s role in causing your injury.If it’s been longer than 10 years since you suffered the injury or damage, you can’t seek compensation for the injury. However, it should be noted that this time restraint doesn’t apply to the allegations of the manufacturer’s failure to warn users of potential harm.
Damage Limits It’s important to know prior to filing a liability lawsuit that you won’t be able to receive compensation if you were at fault for 50% of your injuries or property damage. If you were at fault for less than 50% of the damages, you may be able to receive compensation. However, your recovered damages will be reduced.In Georgia, you’re unable to file for liability if the product only caused damage to itself. This is, of course, unless the product risked injury to surrounding people or property.
The Basis For Liability Claims For a personal injury attorney to argue on behalf of your injury, there needs to be a basis for liability. In Georgia, liability claims must be based on negligence or strict liability.For strict liability, your personal injury lawyers will need to prove that the product caused the injury, that the product was defective upon leaving the manufacturer, and that the defendant manufactured the product. If you or a loved one has been harmed because of a defective product, you may be entitled to compensation. For more information, contact the go-to personal injury lawyers of North Georgia at the McMahan Firm today.