Atlanta Defective Products Attorney

The product may have been important evidence in your product liability claim, but it’s not the only possible evidence.

Before you can recover financial compensation for your injuries, you need to prove a specific product caused your injuries. If you no longer have the product that hurt you, then you’ll need other evidence to prove your injury was the type that typically occurs when the product you used is defective.

Some of the evidence that might prove your claim includes:

• Photos of the product. This may prove you had the product in your possession and in some cases, it could establish how you used it.
• Proof of purchase. Your receipt, warranty, or other proof of purchase or ownership can help establish you had the product.
• Records from the product’s manufacturer. These might include design, manufacturing, or marketing materials could establish the product was defective.
• Your medical records. Your medical records explain your injuries and how your doctor believes you sustained them. This can be useful evidence for proving liability and the value of your damages.

Additionally, other documentation such as medical bills, tax returns, and pay stubs can establish the financial value of your damages.

DePuy Orthopaedics Inc., a division of Johnson & Johnson, created a hip resurfacing and total hip replacement system which went on the market in July of 2003. In August of 2010, DePuy issued a recall on their implant systems due to a higher than normal failure rate connected with their product. Many patients who received the hip devices have suffered several side effects and some have required a second hip replacement surgery.

Georgia Product Liability Statute of Limitations

If you were hurt by a defective product, you have the right to pursue a legal recovery from the manufacturer that designed, made, or marketed the product that hurt you. However, your time to file a product liability claim is limited by Georgia law.

Generally, you have two years to file a personal injury claim if you were hurt by a defective product in Georgia. However, there are laws that both limit and extend this general rule.

For example:

• The two-year statute of limitations begins when you found out you were hurt and learned the injuries were caused by the defective product. This is known as the discovery rule. In a Georgia defective product personal injury case, you have two years from the time that you discovered, or should have known, you were injured and that the injury was caused by the defective product.
• Your lawsuit must be filed within ten years of when the product was first sold. This statute of repose applies to some personal injury cases, but doesn’t apply if you were hurt because of a company’s failure to warn about known or potential dangers before selling the product.

If the statute of limitations or statute of repose has expired, you should expect the company you’re suing to raise this as a defense in court. The court will grant the company’s motion to dismiss and you won’t recover financial damages.

Filing a DePuy Personal Injury Lawsuit

Many lawsuits have been filed against DePuy and you may be informed of the recall from one of the companies involved. We want you to know that it is important to seek the advice of one of our skilled Atlanta product defect lawyers before signing any documents provided by the companies. You may be inadvertently signing a waiver that would prohibit you from getting the full compensation possible, both now and in the future. We offer our help on the basis that you will have to pay no legal fees if we do not obtain compensation on your behalf.

Understanding Product Liability Claims in Georgia

Tens of thousands of people are injured by defective products each year in the United States, many of them right here in Georgia.

If a defective product hurt you or someone you love, you may have grounds for a product liability claim. This type of personal injury civil lawsuit allows victims to seek compensation for injuries and other losses related to the use of faulty or dangerous products.

Under Georgia law, a product that causes injury may be deemed defective due to:

• Design. The design includes a defect that renders the product unreasonably dangerous, regardless of the quality of manufacturing.
• Manufacturing. The product may have been assembled incorrectly by the manufacturer or made of poor-quality, unsafe, or improper components.
• Lack of warning. The product failed to include notices informing consumers of foreseeable harms that could occur as a result of its use.

Designers, manufacturers, marketers, distributors, and sellers are required to ensure their products are safe for consumers when used as intended—otherwise, they could potentially be held liable for accidents and injuries that result. Who’s named as the defendant in a product liability lawsuit varies depending on the circumstances of the case.