product liability

Do Product Recalls Protect People?

February 17, 2023 | Benjamin S. Persons, IV

In a word, no. Product recalls prevent bad problems from becoming worse, since they take dangerous products out of circulation. But product recalls do nothing to compensate injured victims. A Marietta personal injury attorney must file a legal action in court to obtain compensation for defective product victims.

Incidentally, agencies like the Food and Drug Administration only press for product recalls as a last resort. Industry-paid user fees provide almost half of this agency’s budget. The more items these companies sell, the more user fees they pay. In other words, FDA bureaucrats have a financial incentive to limit recalls. These recalls are only recall requests. The FDA does not have the power to unilaterally recall a defective product, no matter how dangerous it is.

Legal Matters

What are Some Potential Defenses in Product Liability Cases?

November 30, 2021 | Benjamin S. Persons, IV

If you were recently injured by a product and you plan to file a lawsuit against a liable party (such as the manufacturer or retailer of the product), you should be aware of some potential defenses that the party might bring up in court.

Potential Defenses

Defendants in products liability cases can typically raise various defenses that plaintiffs should be cognizant of before deciding whether or not to proceed to trial. Some of these defenses include the following:

Georgia Supreme Court Rules Couple May Pursue Lawsuit Against Sperm Bank on Consumer Fraud–But Not “Wrongful Birth” of Their Child

October 16, 2020 | Benjamin S. Persons, IV

In 2001, a couple purchased donor sperm from a sperm bank so that they could conceive a child. The sperm bank represented that it carefully screened all of its donors, to the point where it only accepted about 5% of potential donors. More to the point, the sperm bank told the couple here that the sample they purchased–identified as Donor #9623–was one of their “best” donors.

That turned out to be not quite true. In fact, Donor #9623 made a number of false and misleading statements during the screening process. For example, although he said he had no criminal history, he had multiple prior arrests for burglary, trespassing, and drunk driving. The donor also lied about his educational background.

Such omissions may not seem like a big deal, but the donor also failed to disclose that he had a history of mental illness, for which he required multiple hospitalizations. The couple who purchased the donor’s sperm only learned of this years later, after the child they conceived was born and had started to manifest symptoms of mental disorders himself. The child also has a genetic blood disorder that was not acquired from the mother.

Crane Manufacturer Faces Trial in Savannah Over Fatal Accident

July 10, 2020 | Benjamin S. Persons, IV

Industrial accidents are often the result of a chain of events. There are usually multiple parties whose negligence or intentional failures led to an innocent worker’s injury. Of course, when the victim files a lawsuit, these parties are quick to try and deflect blame to one another.

Hill v. Konecranes, Inc.

An ongoing federal lawsuit in Savannah, Hill v. Konecranes, Inc., provides an apt illustration of this principle. This tragic case involves the 2015 death of a crane operator. The victim worked for International Paper Company (IP) in Augusta, where he used a gantry crane to move timber. Konecranes, Inc., was the company responsible for manufacturing and installing the crane. IP also retained Konecranes to perform regular inspections of the gantry crane.

Court of Appeals Revives Asbestos Lawsuit Against Gasket Manufacturer

November 15, 2019 | Benjamin S. Persons, IV

The dangers of asbestos have now been known for decades. Any exposure to asbestos fibers can lead to the development of mesothelioma, a deadly form of lung cancer, and other illnesses. In many cases, asbestos-related illnesses do not manifest symptoms until decades after the exposure.

Davis v. John Crane, Inc.

The Georgia Court of Appeals recently issued a decision in what is just the latest in a series of asbestos-related personal injury lawsuits. In Davis v. John Crane, Inc., the Court addressed a pair of related claims arising from the death of John F. Davis, a former worker at a fiberboard mill owned by Louisiana Pacific Corporation. As part of his job, David routinely “swept up dust and debris around the mill and assisted in the removal of gaskets on the mill’s boilers,” according to court records. This exposed Davis to a number of asbestos-containing parts.

Ga. Court of Appeals Upholds Multi-Million Dollar Verdict Against Suzuki for Motorcycle Accident

July 19, 2019 | Benjamin S. Persons, IV

Motorcycle accidents often leave the victim with devastating injuries. So, when the accident is even partially the result of a defect in the design or production of the motorcycle itself, the manufacturer may be liable for damages under Georgia law. However, a judge or jury may decide that the motorcyclist was also partially responsible and reduce the manufacturer’s liability accordingly.

Suzuki Motor of America, Inc. v. Johns

This is precisely what happened in a recent case before the Georgia Court of Appeals, Suzuki Motor of America, Inc. v. Johns. A jury determined that the manufacturer of a motorcycle was 51% responsible for an accident that injured the plaintiff. Both sides appealed the verdict for different reasons, but the appeals court declined to second-guess the jury.

Harbor Freight Faces Trial Over Sale of Allegedly Defective Gasoline Can

April 19, 2019 | Benjamin S. Persons, IV

When someone is injured by a dangerous or defective product, Georgia law permits the victim to bring a personal injury claim against not only the product’s manufacturer, but in some cases against the retailer that sold the product, as well. More precisely, the seller can be held responsible if the evidence shows it had “actual or constructive knowledge that the product was unreasonably dangerous at the time of sale.”

Gomez v. Harbor Freight Tools USA, Inc.

To give an illustration of how the law is applied in practice, here is a recent decision from a federal judge in Athens, Georgia, in an ongoing seller liability case. This lawsuit centers on an allegedly defective plastic gas can purchased from a Harbor Freight store in Valdosta in 2012. The plaintiffs are not the original purchaser, but rather her neighbors.

Gainesville Judge Declines to Dismiss “Exploding Arrow” Lawsuit

February 22, 2019 | Benjamin S. Persons, IV

When your child is seriously injured due to an apparently defective consumer product, you rightfully want to seek justice against the companies responsible for bringing the dangerous item to market. Under Georgia law, there are a number of possible legal theories to support a product liability claim. Of course, the facts of each particular case will dictate which theories are applicable.

Morgan v. Dick’s Sporting Goods, Inc.

For example, a federal judge in Gainesville recently denied most of a motion to dismiss a product liability lawsuit arising from injuries sustained by a minor child due to an allegedly defective bow-and-arrow set. According to the plaintiffs, the child’s parents, they purchased the set from a popular sporting goods retailer in Gainesville. The lawsuit alleges that a retail salesperson “assisted” the plaintiffs in selecting the particular bow-and-arrow set at issue.

Is a Manufacturer Liable When a Customer Installs a Third-Party Product?

June 2, 2018 | Benjamin S. Persons, IV

Georgia law holds manufacturers liable if they fail to exercise “reasonable care” when designing or producing its products. In practical terms, this does not mean the product must be 100% safe. Rather, it must be “reasonably safe for intended or foreseeable uses.”

Woods v. ARE Accessories, LLC

When is a product’s use “foreseeable” to the manufacturer? That is a question the Georgia Court of Appeals recently confronted in a product liability case involving a truck cap. The defendant in this case is a popular manufacturer of truck caps–that is, the shells that fit over the flatbed of a pickup truck.

Does Georgia Law Require Manufacturers to Warn Third Parties About Dangerous Products?

January 27, 2018 | Benjamin S. Persons, IV

When it comes to product liability, Georgia courts have long held that a manufacturer can be held responsible for its “failure to warn” customers about potentially harmful defects that it knew about (or should have known about). This duty extends to any “nonobvious foreseeable danger” arising from the normal use of a given product. In other words, a manufacturer has no duty to warn you of the risks of using its product in something other than its intended manner.

Reichwaldt v. General Motors LLC

Does this duty to warn extend to third parties–i.e., individuals other than the actual customers–who may be harmed by the normal use of the product? In 2016 we discussed a Georgia Supreme Court decision, Certainteed Corporation v. Fletcher, involving a pipe manufacturer whose products contained asbestos. In that case, a woman developed mesothelioma after inhaling asbestos dust from clothing worn by her father, who worked with the defendant’s pipes. The Supreme Court said it was “disinclined” to hold that the manufacturer “owed a duty to warn third parties based on the fact that, in this case, such a warning may have been effective.”