If a dangerous or defective product injures an unwary consumer, the manufacturer (and sometimes the designer, distributor, wholesaler, or retailer) is considered liable, as long as the consumer was using the product as it was meant to be used when he or she was injured. This area of law is referred to as product liability. Whether the product is a hairdryer or an automobile tire, manufacturers must make sure that products are designed and made safely, that quality control systems prevent defective products from entering the market, and that adequate directions and warning labels are available to protect consumers.

According to the U.S. Consumer Product Safety Commission, 33.1 million Americans are injured by consumer products each year. The state of Georgia gives its citizens the right to sue a manufacturer over injuries they receive from a defective product.

Types of Product Liability Lawsuits:

There are three types of product liability lawsuits. The first is a product liability suit based on a design defect. A design defect occurs when there was a flaw with the design of the product. Even though the product was created as it was intended, it is inherently unsafe.

The next kind of product liability lawsuit is based on a manufacturing defect. This occurs when the product is produced or in the assembly process. It can involve a single unit or a batch of the product. Here, the consumer is not claiming that the product is inherently dangerous, but instead the consumer is claiming that something went wrong or was flawed in the manufacturing process to cause his/her injury.

The last type of product liability lawsuit has to do with the failure to warn. A manufacturer of a product has a duty to tell consumers when using this product in an intended or foreseeable way can be dangerous. A failure to warn occurs when the manufacturer failed to include adequate instructions to use the product or instructions about the known or foreseeable hazards that come along with the usage of this product. Even after the product is made and sold, the manufacturer, under Georgia law, has a duty to continue to warn of any dangers to the consumers.

Here are several examples of what leads to a products liability lawsuit:

1. Food or medicine contamination
2. Failure to fully test a product for safety
3. Use of poisonous or toxic materials
4. Failure to label a product properly or mislabeling a product
5. Unreasonably weak materials
6. Conveyor belts without safeguards
7. Defective air bags, seats, or seat belts
8. Industrial equipment failures

What you need in order to Prove a Product Liability case in Georgia:

In order to bring a product liability lawsuit, you must prove that the product you were injured by was defective and that this was what proximately caused your injuries. The basic elements include showing that the product was defective at the time of the injury; the defective product proximately caused the injury or death; the product was in substantially the same condition as it was when it left the defendant; and the product was intended to be used or was being used in a manner that was reasonably foreseeable to the defendant.

Legal Grounds to Bring a Product Liability Lawsuit:

1. Negligence
2. Strict Liability
3. Breach of Warranty
4. Misrepresentation or Fraud

Georgia Statute of Limitations:

A statute of limitations is the given time period during which a legal action can be made. If the time period ends, it is a complete bar to any recovery if your case is not completely settled or the lawsuit is not served on the appropriate parties prior to this date or properly filed. Georgia has a statute of limitations of two years with products liability cases.

Attorneys at Childers, Schlueter & Smith, LLC are currently investigating the following product claims:

Yamaha Rhino 660:

Yamaha, a popular manufacturer of all-terrain vehicles and outdoor adventure rides, introduced a unique and different model called the Yamaha Rhino 660 in 2003. The vehicle has features of a go-cart, gold cart and a traditional all-terrain vehicle. The vehicle quickly became popular as soon as it hit the market. However, its popularity dwindled as soon as numerous injuries began to be reported.

The President of Yamaha Motors subsidiary, Keisuke Yoshida, tested the Yamaha Rhino 660 in the beginning states and was reportedly injured. This type of Rhino was still released into the market. In the first 15 months, 150,000 of these types of vehicles were sold. And within this time period, about 59 riders were killed in accidents involving the Yamaha Rhino 660. Currently, there are over 440 wrongful death or personal injury lawsuits pending that involve the Yamaha Rhino 660.

Because of all of these injuries, the company has recalled and continues to recall Rhinos for repair. Accidents have been occurring because of high speeds or reckless driving and even accidents are occurring at low and moderate speeds in normal conditions. Concerns with the Yamaha Rhino include that it is too narrow of a wheel base; there is no padding on the roll bar; too high of center gravity; foot well is not deep enough; and the doors are too short.

Some of the defects of the Rhino include that it is inherently unstable because of the top heavy nature and the seatbelts unspool if the vehicle rolls over. According to the U.S. Consumer Product Safety Commission, more than two-thirds of the 50 cases they have investigated involved rollovers and many involved unbelted occupants. Many of these cases occurred at low speeds and on a level terrain.

If you or a loved one have questions about the Yamaha Rhino 660 or other similar ATV give our Yamaha Rhino Lawyers a call to find out more about your rights and situation.

Reglan/Metclopramide

This popular drug is typically used in treating patients who suffer from gastrointestinal problems such as GERD. However, Reglan, also called Metoclopramide in its generic form, has been linked to Tardive Dyskinesia. Tardive Dyskinesia is a central nervous system disorder that causes involuntary, repetitive movements of the body. Unfortunately, the effects of taking this medication can be devastating, taking an emotional, mental, physical, and social toll on the patient’s being. Currently there is no cure for Tardive Dyskinesia.

Dilantin

Manufactured by Pfizer, Dilantin is used in the treatment of seizures. Recent studies link the use of Dilantin to Stevens-Johnson Syndrome (SJS) and Toxic Epidermal Necrolysis (TENS). SJS and TENs is one of the most horrific drug induced reactions known and causes life altering changes in ones life.

Yaz

Yaz is a type of pill used in the United States as a form of birth control. The end result can be devastating to women who have taken this medication which includes heart attacks, blood lots, deep vein thrombosis, gallbladder disease and strokes.

If you or a loved one has been seriously injured by any of the above mentioned products or by other products, you may want to contact our Georgia Products Liability Lawyers to see how they can help protect your legal rights. Our Lawyers have the knowledge, experience, and resources necessary to help you.

• C. Andrew Childers
• Richard R. Schlueter
• William A. Parker, Jr
• M. Brandon Smith