What You Need To Know Before Filing For Product Liability In Georgia

product liabilityProduct 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.

Can I File For Personal Injury If The Winter Weather Was Partially At Fault?

car accident attorneysMotor vehicle accidents make up a large number of personal injury lawsuits every year, up to 52%. Considering there are 6 million motor vehicle accidents annually in the U.S. and that 1.2 million people die in car accidents worldwide, the high percentage may not be all that surprising.

However, with the Georgia weather unexpectedly cooling down and the Peach State seeing its own fair share of flurries, drivers may be wondering if they’re able to file a lawsuit under the state’s personal injury laws. Can a driver sue another driver for personal injury if the winter weather is the cause of the accident?

Personal Injury On The Road: Winter Weather An insurance company may be quick to assume a motor vehicle accident was unavoidable, especially in sunny Georgia where slick winter conditions aren’t the norm. However, you may be able to file for personal injury on the basis of negligence if your car accident attorneys are able to provide the evidence.

For instance, a defendant can’t be held liable for personal injury if the plaintiff is at equal fault for the collision. However, if the defendant failed to exercise care on the road, the plaintiff may be able to use negligence as the basis for their lawsuit.

Possible evidence of negligence on the road during the winter weather includes:

    • Driving during a travel advisory
    • Improper maintenance of a motor vehicle
    • Driving recklessly
    • Failure to use headlights
    • Failure to use windshield wipers
    • Failure to follow the speed limit
    • Failure to slow down at turns

You may not be able to file a personal injury lawsuit against another driver if both of you are at fault for the accident. However, if your car accident attorneys are able to uncover evidence of negligence, you may be able to win your case.

If you or a loved one have been involved in an accident and you believe the other driver may be at fault, you may be able to file a car accident claim on the basis of negligence. For more information and legal advice, contact the personal injury attorneys at the McMahan Law Firm today.