Product Recalls and Georgia Injury Lawsuits: How to Build a Claim
Every year, thousands of consumer products are recalled due to defects that pose a serious risk of injury or death. From household appliances to automobiles and children’s toys, these products can cause devastating harm when they malfunction.
If you’ve been injured by a recalled product in Georgia, it’s critical to understand how to document your case, establish liability, and pursue a recalled product injury lawsuit Georgia courts will take seriously.
At Butler Prather LLP, we represent consumers across Georgia and throughout the nation who have been harmed by dangerous and defective products. With decades of experience and landmark verdicts against powerful manufacturers, our attorneys know how to hold negligent companies accountable.
Understanding Product Recalls
A product recall occurs when a manufacturer, often in coordination with the U.S. Consumer Product Safety Commission (CPSC), withdraws a product from the market due to safety concerns. The recall may be prompted by consumer complaints, injury reports, or internal testing that uncovers a hazard.
Recalled products may include:
- Defective vehicle parts (e.g., airbags, brakes, fuel tanks)
- Faulty electronics or batteries
- Dangerous toys or baby products
- Household appliances
- Contaminated food or medication
A recall does not automatically excuse a manufacturer from liability. In fact, it often serves as powerful evidence that the product was known to be dangerous.
Manufacturer Responsibility and Legal Duty
Under Georgia law, manufacturers have a legal obligation to design, produce, and market safe products. When a product causes harm because it is defective in design, manufacturing, or labeling, the manufacturer and others in the supply chain may be held responsible.
In cases involving a recalled product, manufacturer responsibility includes:
- Issuing clear and timely recall notices
- Notifying registered owners or purchasers
- Providing refunds, replacements, or repairs
- Reporting product hazards to the CPSC
If a company fails in any of these duties or continues selling a product after learning of its dangers, they may face heightened liability.
Key Legal Theories in Recalled Product Lawsuits
A defective product attorney that Columbus residents trust will typically pursue claims under one or more of the following legal theories:
Strict Liability
The manufacturer is automatically responsible if the product was defective and caused injury, regardless of intent or negligence.
Negligence
This involves proving that the manufacturer failed to exercise reasonable care in designing, manufacturing, or warning about the product.
Breach of Warranty
If a product fails to meet implied or express warranties of safety, the manufacturer or seller may be held liable.
Failure to Warn
Manufacturers must warn consumers of known risks. Lack of warning labels or failure to include adequate instructions can be grounds for a lawsuit.
Steps to Build a Strong Product Injury Claim
If you’ve been harmed by a recalled product, time is critical. Follow these steps to preserve evidence and protect your rights.
Step 1: Seek Medical Attention
Your health comes first. Prompt treatment ensures your injuries are addressed and creates medical records that link the injury to the defective product.
Request copies of:
- Emergency room records
- Diagnosis reports
- Imaging scans (X-rays, MRIs)
- Prescriptions and follow-up instructions
These documents support your claim for damages.
Step 2: Preserve the Product
Do not discard, alter, or return the recalled product unless advised by your attorney. Keep it in its post-incident condition.
Save:
- The product itself
- Original packaging and instruction manuals
- Receipts or proof of purchase
- Any recall notice you received
- Photos of the item, defect, and your injuries can further bolster your CPSC recall claim
Step 3: Document the Incident
As soon as possible, write down exactly what happened, including:
- Date, time, and location of the injury
- Description of how the product failed
- Names of any witnesses
- Impact on your daily life
This written record can be a vital reference throughout your case.
Step 4: Check for Recall Notices
Visit the CPSC website to find out if the product was recalled. Include the product’s brand, model number, and any identifying features.
If the recall had already been issued before your injury, it may suggest the company failed to properly notify consumers or take the product off the shelves.
Step 5: Report the Injury
File a report with the CPSC. This documents your injury, and it can also support an ongoing investigation or trigger a broader recall.
Step 6: Contact a Defective Product Attorney in Georgia
Cases involving recalled products often require extensive legal and technical analysis. An experienced Columbus defective product attorney can:
- Preserve critical evidence
- Consult engineering and safety experts
- Investigate product testing records
- Identify all liable parties (manufacturer, distributor, retailer)
- Handle negotiations and litigation on your behalf
At Butler Prather LLP, we prepare every case as if it will go to trial. Our legal team has the experience and resources to take on large corporations and their insurance carriers.
Common Injuries From Recalled Products
The injuries caused by defective and recalled products can be catastrophic, including:
- Burns and electrical shocks
- Head trauma or spinal injuries
- Lacerations and amputations
- Choking or suffocation (especially in children)
- Toxic exposure
If a loved one died as a result of a defective product, you may be eligible to file a wrongful death claim.
Compensation in Georgia Product Recall Lawsuits
In a defective product injury lawsuit, victims can pursue compensation for:
- Past and future medical bills
- Lost income and diminished earning capacity
- Pain and suffering
- Mental anguish
- Permanent disability or disfigurement
In cases involving egregious conduct, punitive damages may be awarded to punish the manufacturer and deter future misconduct.
Time Limits for Filing Your Claim
Georgia law sets strict deadlines for personal injury and product liability claims:
- Personal Injury: 2 years from the date of injury
- Wrongful Death: 2 years from the date of death
However, additional strict deadlines may apply in cases involving government entities or multiple jurisdictions. Delays can jeopardize your right to recover damages, so it’s in your best interest to act promptly.
Why Choose Butler Prather LLP
For over 35 years, Butler Prather LLP has been a leader in high-stakes product liability litigation. We’ve taken on industry giants and secured record-setting verdicts for clients across Georgia and nationwide. Our personal injury law firm is known for its depth of preparation, and aggressive advocacy.
Our attorneys are especially skilled at uncovering:
- Hidden safety testing failures
- Corporate communications showing knowledge of risk
- Inadequate recall efforts
- Manufacturing shortcuts to cut costs
Speak With a Trusted Product Recall Injury Lawsuit Attorney in Georgia
If you or a loved one has been injured by a defective product, you deserve answers and accountability.
Call (706) 322-1990 today to schedule a free consultation with one of our experienced Georgia recalled product injury attorneys today.
We’ll review your case, explain your rights, and help you pursue the compensation you deserve.