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Frequently Asked Questions about Products Liability

Questions About Product Liability Claims

Do I have a product liability case?

Determining whether you are entitled to compensation for injuries caused by a product involves several questions. Was the product defective when you bought it? Were you using it in a reasonable manner? When did you suffer your injuries? Was the defect the cause of your injuries?

Some cases require substantial investigation to demonstrate that a defect led to a specific injury. Every case is unique. If you suspect that you were injured due to a defective product, it is best to consult with an experienced product liability attorney as soon as possible. At Butler Wooten & Peak LLP, our skilled lawyers have handled defective product claims against some of the largest companies in the world. We have the experience and resources to investigate your claim and give you the advice you need.

How much is my product liability claim worth?

The amount of compensation you are owed depends on many factors. We must determine the extent of your injuries, whether those injuries will prevent you from working, the negligence of the parties responsible for the defective product reaching you and more before we can begin to estimate the likely value of your claim.

Some product liability claims involve a measure of punitive damages. If the maker of a product demonstrated willful misconduct, malice, fraud, wantonness, oppression or conscious indifference to the danger posed by the product, you may be entitled to damages intended to punish or deter the defendant. Punitive damages are not available in every product liability claim.

Another factor that could greatly impact the compensation you receive is comparative negligence. That brings us to the next question.

Can I recover damages if my actions contributed to the accident?

If the instructions on a tool suggest that you should wear eye protection while operating it and you fail to do so, can you still recover compensation for damage to your eyes? If the tool failed and sent shrapnel flying into your eyes, the makers of that tool are clearly responsible. But your failure to wear eyewear, as the instructions suggested, may have contributed to the extent of the damage you suffered. You may have your claim reduced in value based on the notion that you were comparatively negligent. If you are deemed 10 percent responsible for the accident, the value of your claim drops by 10 percent. Basically, even if you are partly at fault for the accident, you may still be entitled to compensation.

Who pays the compensation for my injuries if I can prove the product was defective?

Compensation in product liability claims can come from the manufacturer of the product, the designer of the product, a wholesaler or a seller. In truth, most of these parties will carry insurance and the claim will be paid by one or more insurance companies. The key is to be able to identify every negligent party to maximize your chances of recovering full and fair compensation.

Why should I choose Butler Wooten & Peak LLP to handle my case?

Our firm has been dedicated to serving the needs of injured people and grieving families since 1988. We have the experience and the skill to take your case to trial. Our opponents are well aware of our track record of trying and winning product liability claims. They know we will not accept a lowball offer to avoid going to court.

We have obtained some of the largest settlements and verdicts in Georgia history. We have won dozens of verdicts in excess of $1 million, including five verdicts that were well over $100 million. We can help you get the compensation you deserve and hold the makers and sellers of defective products accountable for the harm they do. Call us at (404) 321-1700 or contact us online to learn more about our product liability representation.