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In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.
You and your attorney must provide evidence of injury, death, or property loss to demonstrate the existence of the defect, such as medical records, police reports, and eye witness testimonies. The product was defective. A personal injury lawyer must prove the existence of a defect.
A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.
The discovery stage is when counsel conducts their fact-finding allowing each side to prepare for trial or other means of alternative dispute resolution (ADR). Discovery is the most labor-intensive and costly stage of litigation.
Failure to warn This type of defect results when a manufacturer fails to take reasonable steps to warn consumers of a reasonably foreseeable harm that may result from the normal use of a product.
How to Write a Release of Liability Form Fill in the information of both parties, including each person's name and address. Include the details of the event. ... Add if there is a payment required by the releasee. ... Write a section for signatures, which will contain the names and dates of both parties.
This is known as the discovery rule. In a Georgia defective product personal injury case, you have two years from the time that you discovered, or should have known, you were injured and that the injury was caused by the defective product. Your lawsuit must be filed within ten years of when the product was first sold.
The statute of limitations for filing a product liability lawsuit is: 2 years for personal injury claims. 4 years for property damage claims.
Georgia's strict product liability laws hold the product manufacturer strictly liable for injuries a defective item causes, regardless of the question of negligence. Today in Georgia, almost anyone injured by a defective product can bring a personal injury or wrongful death lawsuit.
In order to prevail in negligence, a plaintiff must prove each of the following elements to succeed: The defendant owed the plaintiff a duty. The defendant breached that duty. The defendant's breach of duty caused an injury to the plaintiff.