Kennesaw, GA Product Liability Lawyer
When Unsafe Products Cause Harm, You Deserve Answers and Accountability
Every product you bring into your home should be safe. But when something goes wrong—a car part fails, a child’s toy breaks in a dangerous way, or a medication causes unexpected harm—it can leave you or someone you love seriously injured. Dangerous and defective products cause nearly 30 million injuries annually in the U.S., according to federal estimates.
At Williams Elleby Howard & Easter, we help people in Kennesaw and throughout Cobb County take legal action when a product they trusted leads to injury and loss. Our Kennesaw, GA product liability lawyers know the immense consequences that everyday people suffer when they’re injured by defective products they trusted.
If a defective product injured you or a loved one, call us today for a free consultation with an experienced and trusted local lawyer. There is no reason that you should be left alone to deal with the medical, financial, and emotional costs of someone else’s errors.
Table Of Contents
- When Unsafe Products Cause Harm, You Deserve Answers and Accountability
- Key Takeaways for Kennesaw, GA Product Liability Lawyer
- Why Choose Williams Elleby Howard & Easter?
- What Qualifies as a Product Liability Case in Georgia?
- Local Dangers: Common Defective Product Cases in Cobb County
- How Georgia Law Protects Product Injury Victims
- What to Do After a Product-Related Injury in Kennesaw
- What Types of Compensation Are Available in a Product Liability Lawsuit?
- Who Can Be Held Liable for a Defective Product Injury?
- Proving Fault in a Product Liability Case
- Where Will My Product Liability Case Be Filed in Kennesaw?
- Timeline: How Long Do You Have to File a Product Liability Claim in Georgia?
- FAQs for Kennesaw, GA Product Liability Lawyer
- Getting the Help You Need in Kennesaw After a Defective Product Injury
Key Takeaways for Kennesaw, GA Product Liability Lawyer
- Injuries from dangerous or defective products may result in legal claims under Georgia product liability law.
- Liability can arise from manufacturing defects, design flaws, or failure to provide proper warnings.
- Time limits apply to product injury claims in Georgia, making early legal action critical to your case.
- You may be able to recover compensation for medical expenses, lost wages, and pain and suffering.
- A local attorney familiar with Cobb County courts and Georgia tort law strengthens your case.
- Williams Elleby Howard & Easter helps victims hold manufacturers accountable for unsafe products.
Why Choose Williams Elleby Howard & Easter?
Kennesaw families count on us after serious injuries because we provide more than just legal services. We offer trusted guidance, clear answers, and the determination to hold negligent manufacturers accountable. Here’s what makes our team stand out.
Compassionate, Client-Focused Guidance
We take time to understand how your injury has impacted every part of your life. You’re never just a case file to us. We provide frequent updates and take pride in being accessible, responsive, and genuinely supportive from the moment you contact us.
History of Proven Results
Our attorneys have secured multi-million-dollar recoveries in high-stakes personal injury cases throughout Georgia, including a recent $1.4 million pharmaceutical product defect recovery and a $500,000 recovery in a failure-to-warn burn case. Whether your case involves a faulty car part, dangerous medication, or defective equipment, we have the experience and resources to pursue meaningful compensation.
High Client Satisfaction
Our clients consistently describe our team as respectful, diligent, and involved. Many clients come to us through referrals from past clients who appreciated the compassionate guidance we provide and the results we delivered. Our work has earned us a five-star Google rating and scores of positive reviews.
No Fees Unless We Win
We handle all product liability cases on a contingency fee basis. You pay nothing up front. We only get paid if we recover money for you. That means our goals are completely aligned with yours from day one.
What Qualifies as a Product Liability Case in Georgia?
Not all product-related injuries create a valid legal claim, but many do. Georgia product liability law allows consumers to pursue compensation when a product is unreasonably dangerous due to one of the following legal theories:
- Manufacturing Defects: When a product is flawed due to an error in its assembly or construction
- Design Defects: When the product’s inherent design makes it unsafe even if manufactured correctly
- Failure to Warn (Marketing Defects): When the product lacks adequate safety instructions or warnings
Georgia follows a modified comparative fault system. Even if you were partly using the product in an unintended way, you might still have a valid claim if you were less than 50% at fault and the defect contributed to your injuries.
Local Dangers: Common Defective Product Cases in Cobb County
From malfunctioning tools to recalled medications, product-related injuries happen more often than many realize. In Kennesaw and surrounding communities, we’ve seen cases involving:
- Defective auto parts (brake failures, airbag malfunctions, tire blowouts)
- Unsafe children’s products (cribs, high chairs, toys with choking hazards)
- Contaminated food or supplements sold by local retailers
- Faulty medical devices or prescription drugs with undisclosed side effects
- Poorly constructed ladders, tools, or outdoor equipment
- Defective industrial equipment used in the workplace
Kennesaw residents often purchase everyday products from local shopping complexes such as the Town Center at Cobb or national chains along Barrett Parkway. Whether the injury involves a household item, power tool, or children’s product, defective consumer goods sold in our area can cause serious harm if manufacturers cut corners on safety.
How Georgia Law Protects Product Injury Victims
However, the statute of repose in Georgia places a 10-year limit from the date of first sale on most product liability claims, regardless of when the injury occurs. If your case involves a defective product that is more than a decade old, the manufacturer may not be legally liable, even if the product caused severe harm. Whether you believe you have a valid claim or not, always consult a Kennesaw defective product lawyer as soon as possible.
What to Do After a Product-Related Injury in Kennesaw
Once you’ve received medical care, there are several important steps that can help strengthen your potential product liability claim.
Here are a few actions to take:
- Hire a lawyer with experience in Georgia product liability law as early as possible
- Preserve the defective product in the condition it was in after the incident
- Continue all medical treatment and keep a record of diagnoses, procedures, and expenses
- Photograph your injuries and any visible damage caused by the product
- Keep a written or video journal documenting your symptoms, recovery, and pain levels
Following through on these steps helps document what happened and protects your right to pursue compensation. Your attorney may also investigate whether similar incidents have occurred with the same product, including checking databases of product recalls by the Consumer Product Safety Commission (CPSC).
What Types of Compensation Are Available in a Product Liability Lawsuit?
- Emergency medical care, surgeries, rehabilitation, and future treatment needs
- Lost income, reduced earning capacity, and missed career opportunities
- Pain, suffering, and emotional distress
- Scarring or disfigurement
- Loss of companionship in wrongful death cases
If the manufacturer knew the product was dangerous and chose not to fix the issue, Georgia law (O.C.G.A. § 51-12-5.1) allows courts to award punitive damages in cases involving intentional or extreme misconduct.
Who Can Be Held Liable for a Defective Product Injury?
Several parties may share responsibility for a product that causes injury. Determining who is liable depends on where the defect occurred in the product’s lifecycle and how the harm happened.
Here are the most common defendants in a Georgia product liability case:
- Manufacturers: Including the parent company and any subsidiaries involved in design or production
- Distributors or wholesalers: Companies that transport or store the product before it reaches retailers
- Retailers: Businesses that sell defective products, particularly if they knew or should have known about the risk
In some cases, multiple parties can be held liable under Georgia’s joint and several liability rules if they contributed to the same harm. This often applies in situations involving outsourced manufacturing or multiple supply chain participants.
Your Kennesaw personal injury attorney will review shipping records, packaging, warranty disclaimers, and corporate filings to identify everyone involved in putting the defective product in your hands.
Proving Fault in a Product Liability Case
To recover compensation in a product liability claim, your evidence must show three things: the product was defective, the defect made it unreasonably dangerous, and the defect directly caused your injury.
Georgia law often imposes strict liability, particularly in cases involving manufacturing errors. This means you don’t always have to prove negligence, but you do need strong evidence.
Product defects generally fall into three categories:
- Design defects: when the product is inherently unsafe due to flawed engineering or design choices
- Manufacturing defects: when something goes wrong during the production process, making a specific unit dangerous
- Failure to warn: when the manufacturer fails to provide adequate instructions or warnings about known risks
Even with strict liability, proving your case requires detailed investigation and credible documentation.
Here are examples of key evidence that can strengthen your claim:
- The defective product, kept in its post-incident condition
- User manuals, labels, and packaging materials
- Medical records that link the product to your injury
- Expert evaluations of the product’s design or failure
- Reports of past incidents, recalls, or regulatory findings
Expert testimony often plays a critical role in these cases. Georgia courts follow the Daubert standard (O.C.G.A. § 24-7-702), which requires that experts use reliable methods backed by sound data. It’s also one reason why involving a lawyer before evidence disappears or becomes harder to evaluate is vital to your case.
Where Will My Product Liability Case Be Filed in Kennesaw?
Local knowledge matters. Our attorneys know the court systems, procedures, and jury trends in this area. We’re familiar with area medical centers like Wellstar Kennestone Hospital and Piedmont Urgent Care by WellStreet, where many of our clients receive treatment after product-related injuries.
We also work closely with expert witnesses across Georgia to build strong, evidence-based cases that reflect your specific injuries and losses.
Timeline: How Long Do You Have to File a Product Liability Claim in Georgia?
Georgia has two key legal deadlines that affect defective product claims:
- Statute of limitations: Two years from the date of injury (O.C.G.A. § 9-3-33)
- Statute of repose: Ten years from the date the product was first sold (O.C.G.A. § 51-1-11)
The statute of repose is particularly strict. Even if you don’t discover the injury until years later, you typically can’t bring a claim more than 10 years after the product was initially sold or delivered. Exceptions are rare.
If a child is injured, Georgia law allows the clock to pause until the child turns 18, but it’s still important to speak with a lawyer quickly. These legal deadlines can be unforgiving, and early evidence collection improves your chances of success.
FAQs for Kennesaw, GA Product Liability Lawyer
Georgia uses a modified comparative negligence rule. If you’re found less than 50% responsible for your injury, you may still recover compensation. However, your compensation may be reduced by your percentage of fault.
Yes. A recall doesn’t prevent you from filing a lawsuit. In fact, it can support your case by showing that the manufacturer acknowledged a defect. Your attorney will review recall history and product safety bulletins.
Williams Elleby Howard & Easter works on a contingency fee basis. This means you pay nothing unless we win your case. All consultations are free, and we cover upfront case expenses so you can focus on recovery.
There is no limit on the amount of punitive damages that may be awarded in a case that arises from products liability in Georgia (O.C.G.A. § 51-12-5.1(e)(1)). However, only one award of punitive damages may be recovered from a defendant for any act or omission which may arise from such negligence. Seventy-five percent of any amounts awarded as punitive damages, less a proportionate amount of the costs of litigation, including reasonable attorney’s fees, must be paid into the treasury of the State of Georgia through the Office of the State Treasurer.
If the product was lost or destroyed, your case may still be possible depending on other available evidence. Photos, receipts, medical reports, and witness statements can all help. Speak with an attorney as soon as possible to assess your options.
Getting the Help You Need in Kennesaw After a Defective Product Injury
When a product you trusted causes serious harm, it can be hard to know where to turn. You may be recovering from surgery, adjusting to a new disability, or grieving the sudden loss of a loved one. It’s a time when your energy should be focused on healing, not paperwork, deadlines, or corporate legal teams.
That’s where Williams Elleby Howard & Easter can help. Our Kennesaw product liability lawyers handle every legal aspect of your case, from preserving evidence to negotiating with manufacturers. You’ll never wonder what’s happening or whether your case is being taken seriously. We walk with you through every step and fight for full and fair compensation on your behalf.
If you’re ready to find out your legal options, we’re here for you. Call us at (404) 389-1035 or contact us online to schedule a free consultation. If you’re unable to visit our office, we’ll make arrangements to come to you. Your recovery matters, and so does your right to justice.
Williams Elleby Howard & Easter - Kennesaw Office
3450 Acworth Due West Road, Ste. 610
Kennesaw, GA 30144
P: (404) 476-5217
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