Personal Injury - Scott Key & Associates

McDonough Product Liability Lawyer

July 22, 2021/by J. Scott Key

Getting Justice for Defective Furniture

Monica* had been so excited to furnish her new apartment in McDonough. She spent dozens of hours poring over online retailers. She picked out her first dining room set and rugs for each room.

This was going to be he first “adult” home, and her first time living without roommates. She wanted everything to be perfect.

Including the furniture she needed to purchase. Monica spent hours reading reviews for each product, intending to get the best quality for the best price.

Her deliveries arrived on a Saturday, and she spent the whole afternoon assembling furniture. When she was finished, she couldn’t stop smiling – her place looked great.

She texted a few friends and invited them for brunch the next morning so she could show off her new home.

Monica was sitting on one of her new bar stools, holding a mimosa and listening to her friend tell a story, when suddenly, she fell.

Without warning, the stool collapsed.

Monica’s head smacked the bar as she fell toward the floor, and she dropped her drink. It smashed on the floor, and her arm landed in a pile of broken glass.

Her friends screamed and rushed over to help. Monica didn’t want to move. Not only was she hurt, but she was also embarrassed.

“Are you really that bad at assembling furniture?” she scolded herself.

No, she wasn’t.

Monica would soon learn that she was Henry County’s latest victim of a defective product and need to find a local product liability law firm.

When to Call a McDonough Product Liability Attorney

It is a sad fact that all consumer products are not safe for use. Occasionally, a product is released to the public that could – or does – hurt the buyer or someone they know.

When someone is hurt by a defective product, the manufacturer or distributor can be held accountable according to product liability law. Most product liability laws are decided at the state level in the United States and proof of various elements is required in order to present a valid claim.

Home goods, children’s toys, auto parts, and medical devices have all been known to fail in ways that injure people.

But other commercially available products are also subject to product liability laws, as well. These include prescription medications and food items.

If you are hurt by the malfunction of an item that you (or someone else) purchased, you may be able to file a product liability lawsuit. If you win, you can be reimbursed for any money you spent or lost due to your injury.

You do not need to have purchased an item yourself in order to file a lawsuit against the manufacturer. If you were injured by a defective product, the identity of the purchaser does not matter.

However, in Georgia, you must file a personal injury claim within two years of the date you were hurt.

If the malfunctioning item caused property damage, and you wish to be compensated, you will have to file a lawsuit within 4 years of the date of the accident.

Why Was the Product Defective?

Monica was inclined to blame herself for the chair’s collapse. Luckily, one of her friends inspected the bar stool while Monica spoke with the paramedics.

The friend noticed that one of the supports under the seat had snapped in half. The other supports were structurally similar, but the broken one was unusually thin at the point where it cracked.

Before the paramedics drive off with Monica, her friend grabbed her hand. “This wasn’t your fault,” she said. “You should sue them, that thing was unsafe.”

Determining what caused the product to malfunction is essential in proving a product liability claim.

There are three main categories that product failures usually fall under.

They are:

Manufacturing Defects occur due to flaws in construction or production of a product. Usually, only some of the products made contain the flaw, and not the entire line.

Many things can cause manufacturing defects. Sawdust could accidentally end up in a plastic mixture, weakening the final product. Or a car could be missing a brake pad, due to an oversight at the factory.

When errors in manufacturing lead to injury, the product manufacturer can be held liable.

Design Defects happen when the model for a consumer product is inherently flawed. Even if the item was made perfectly according to its instructions, the product will malfunction.

In such cases, every product in the line will contain the same flaw, and the manufacturer or distributor should recall every item.

If, for example, a children’s toy features small wheels which pop off easily when pulled, that is a choking hazard.

The design of the toy was not adequate, and children could easily be injured by it during use.

Marketing Defects are flaws in the way a product is labeled. This is also known as a “failure to warn.”

Not all products can be 100% safe. Stoves, for example, must get hot in order to cook food. It is not possible to make a stove that cooks food yet won’t get hot enough to potentially injure someone.

Instead, if normal use of a product could pose a danger to a consumer, the item must be properly labeled with warnings and instructions for correct use.

Similarly, if a product is dangerous in a non-obvious way, it must come with warnings.

For example, if one medication cannot be mixed with others, whether over-the-counter or prescription, it should come with written warnings. If it does not, the manufacturer is liable if someone mixes medications and is hurt or killed.

How Do You Win a Product Liability Lawsuit?

At the hospital, Monica was diagnosed with a concussion and she received several stitches to her arm. The longer she was in the emergency room, the angrier she became.

She had spent so much time researching her options, and still had purchased a faulty item.

The moment she was released, she searched for a personal injury lawyer in Henry County that works with people that have been injured by faulty products.

Monica made the right move. Winning a product liability case without a lawyer’s help is extremely difficult.

To prevail in a product liability case, you have to prove that a product was defective, and that the defect was the immediate cause of your injury or property damage. This is easier said than done.

In McDonough, product liability cases can be based on one of three criteria:

Strict liability: Product manufacturers and distributers have a responsibility for the safety of the items they sell.

Even if the manufacturer or distributor were careful and maintained proper oversight of their facilities, they can still be held responsible if a faulty product injures someone.

Negligence: If a manufacturer or distributer did not take reasonable care during production, they could be found guilty under negligence theory.

If the maker knew (or should have known) that the product’s design or manufacturing process could cause defects, your lawyer will recommend negligence theory.

Breach of warranty: According to the law, companies give warranties, both express and implied, that the items they make, sell, and distribute are fit to use as advertised.

If a consumer product does not live up to it intended purpose and a person is injured, the manufacturer or distributor could be found to be in breach of warranty.

For example, if someone wearing a “bulletproof” vest is shot and the vest does not protect the wearer, the manufacturer could be held liable under breach of warranty.

How a Lawyer Helps You Understand the Law

Monica had no way of knowing why the bar stool broke. She assumed, due to the misshapen post, that it was a manufacturing defect. But she couldn’t be certain.

Luckily, she was represented by experienced attorneys. Scott Key and Associates subpoenaed records from the chair’s manufacturer, including all versions of its blueprints.

We also hired expert witnesses who were familiar with furniture manufacturing. They gave us valuable insight into factory processes, and explained what could have gone wrong to cause the flaw.

Without her lawyers, Monica would have had to research her case herself. Attorneys have access to records and tools that laypeople do not, and she may never have uncovered the necessary information to prove her claim.

In the end, we reached a settlement with the company which produced the stools.

Monica’s medical bills and prescription fees were reimbursed, and she also received a payment equal to the wages she missed while she was at home recovering from her injuries.

Have You Been Hurt by a Defective Product?

If you live in McDonough and have been hurt by a malfunctioning consumer product, contact a law firm near you Scott Key & Associates right now.

All Henry County residents have the right to assume the products they buy are safe for use. Call our office right now at 678-610-6624 to schedule your free consultation.

* For client privacy reasons, the name and minor elements of this story have been edited.

McDonough Man Injured in Slip and Fall Accident

May 11, 2021/by J. Scott Key

A Bad Date

Drew had been looking forward to Friday all week. On Sunday, he’d matched with Alice on Bumble; on Monday, they’d set a date. They decided to go to a bar in McDonough to hear a local band play.

All week, Drew felt like he was walking on a cloud. He and Alice had an easy rapport over text messages, and he couldn’t wait to meet her in person.

Friday evening, he got to the venue early. He planned to grab drinks at the bar – one for himself and one to be ready for Alice when she arrived.

But he didn’t make it.

Just a few steps from the door, his right leg slipped out from under him. Instinctively, he reached out to steady himself. He grabbed the host stand, but it wasn’t secured. As he hit the ground, he felt a pop in his knee. The host stand toppled over on top of him, crashing into his head. A stabbing pain shot through his backside.

Waitstaff and other patrons rushed to his aid. Embarrassed, he tried to stand up. But any movement caused excruciating pain.

He was lying on the ground, staring at the ceiling, when he saw Alice’s face among the worried crowd. He wished he could evaporate into the floor.

The manager came over and started yelling at a server. “Why didn’t you clean that spill yet?” he cried. Drew glanced down and realized he was, indeed, lying in a puddle, a mess of beer and broken glass.

Another patron, a woman, shook her head in disgust. She looked at Drew and said, “That drink must’ve been lying there for fifteen minutes. I saw the guy drop it; they just left it there.”

Drew grimaced. No wonder his backside hurt so much; it was full of glass. He tried to move again, and the woman knelt down next to him. “Stay still honey, someone already called 911.”

He groaned. “No, no, we don’t need that, I’m fine.”

The woman quickly shushed him. “Don’t say that again!” she whispered, “You’re hurt, and this is not your fault.”

While it didn’t come from a lawyer, this was Drew’s first piece of legal advice, and it was absolutely correct.

Is it a Legal Issue When You Slip and Fall?

Drew’s fall ruined his night, and it would ruin quite a few more of his coming days. He didn’t know it just then, but this was the beginning of a legal battle.

The restaurant’s management and waitstaff had violated a piece of Georgia state code known as “premises liability.”

Basically, when people are lawfully gathering on a property, they should have a reasonable expectation of safety.

This statute applies to public places (like bars, stores, parks, music venues, and more) as well as private residences.

Property owners, building managers, renters, store owners, and superintendents have a responsibility to protect people who visit their spaces. If someone is injured on a property because of a preventable hazard, the building owner or manager could be liable for their medical bills.

And Drew had quite a few medical bills. The emergency room doctor diagnosed him with a torn MCL, lacerations from the broken glass, and a concussion. He needed knee surgery, and the doctor recommended he take a leave of absence from his construction job for at least three months.

He was livid. How could he possibly afford to miss three months of work? Especially when he had bills to pay?

Each time a doctor spoke to him, he heard the woman’s words repeating in his head: “That drink must’ve been lying there for fifteen minutes.”

If she was right, did that mean the restaurant could be held responsible for the fall?

Holding Property Owners Accountable in Henry County

Drew contacted a personal injury attorney in McDonough for a consultation. Indeed, the lawyer believed he had a solid case.

Because the restaurant manager had clearly noticed the dropped drink but had not cleaned it up, he had behaved negligently. Simply telling an employee to clean the mess was not sufficient; the manager needed to make sure the area was safe for guests.

If, for some reason, a spill in a public place cannot immediately be cleaned, there are other ways to protect visitors. A yellow caution sign could have been placed over the area, or an employee could have been tasked with standing over the mess and diverting foot traffic.

But that didn’t happen. Instead, the problem was ignored.

To win a premises liability case, your legal team must prove that the owner, manager, or other party responsible for the grounds was negligent. Because an eyewitness noticed the drink lying on the ground, Drew’s lawyer felt they could easily prove negligence.

The lawyer asked if Drew had any way to contact the woman. He was about to say no when he suddenly remembered that he did. As the paramedics were loading him onto the stretcher, she had pressed her business card into Drew’s hand. He fished it out of his wallet that night and sent a photo of it to his lawyer.

Eyewitness accounts can go a long way towards proving a case. If you are ever injured in a public area and anyone else is around to see it, try to get their version of events. Ask for their name and contact information, as well.

Even cases that seem extremely simple can become complicated. Any evidence that proves your claim could be useful.

In most cases, the negligent party, or the venue where you were injured, will be covered by an insurance policy. Insurance providers are for-profit companies and will often deny valid claims to save money.

Additionally, many stores and restaurants are owned by larger parent companies with in-house attorneys. These well-funded, dedicated legal teams exist precisely to shut down lawsuits. Without a lawyer’s assistance, it can be extremely difficult to prevail in a court of law.

More Premises Liability Facts

Premises liability isn’t only related to slips and falls. Other common hazards include broken sidewalks, faulty steps, and in some cases, even violent attacks.

Property owners and managers must take reasonable steps to protect their guests from violence. In a heavily trafficked place, like a stadium, that could mean hiring security or putting-up metal detectors. Other places deter violence with lighting. Parking garages and parking lots must be well-lit in order to deter crime.

If someone is mugged in a parking lot where all the streetlights are burned-out, they may be able to bring a premises liability suit under a provision called “negligent security.”

Additionally, employers must do their due diligence when hiring workers. Say a woman is routinely followed and harassed by an employee in her apartment building; she reports the employee to building management, but nothing is done. A week later, he breaks into her apartment and stabs her.

When the police investigate the case, they discover the employee had a long criminal history, including multiple break-ins. The building managers could be found guilty of negligent security.

Let Your Legal Team Fight for You

Drew wasn’t alone as he fought to receive compensation. His legal team worked tirelessly on his behalf while he rested at home. His doctors were communicative, and his surgery went smoothly.

Plus, he had Alice. Despite his fears, she didn’t write him off as a klutz after their ill-fated meeting. She visited him often, and they bonded over Netflix binges and take-out.

Drew said he was only able to relax and enjoy their time together because he knew his lawyers were handling his case.

“If I’d been trying to do this all myself? Forget it. I’d have been a bitter man, up to my neck in legal documents I didn’t understand. I couldn’t have juggled all that and a cute girl,” he chuckles.