Product liability cases are complex legal matters that require a thorough understanding of the manufacturing process, design standards, and the responsibilities of companies to ensure consumer safety. In a recent video, Bobby Phillips, a seasoned attorney with expertise in product liability, shed light on the intricacies of such cases.
Transcript:
“I had a case once where a young man had gone to Sears and bought a chisel and tapped it a few times with a hammer and the tip flew off and knocked his eye out. We had to get the expert in metals. He took and tested the metal and it turned out that the production of that particular chisel was defective. They had failed to follow the industry standards. In a products liability case, like any other case, you’ve got to first find out what caused the injury, then we find out what caused the injury, we have to determine if there was a failure either in the manufacturing, the design, or the production of the tool or whatever it is that you contended hurt you. Sometimes it can be a loss of fingers or hands where the employer has not put a safety guard on some type of machinery. If you can show that safety precautions have not been followed and that the risk of injury was greater than it should’ve been under the circumstances, then you can prevail. You usually have to use expert witnesses to testify to establish what’s called probably cause, and proximate cause, and then of course, the theory of negligence.”
Identifying the Cause of Injury
Understanding the cause of injury is pivotal in product liability cases. This involves thorough investigation and, in some cases, engaging expert witnesses to testify. In the case described by Phillips, an expert in metals was brought in to test the chisel and determine that its production was indeed defective and had failed to meet industry standards. This step is crucial in building a strong case and establishing the basis for pursuing legal action.
The Role of Negligence in Products Liability
In product liability cases, negligence plays a central role. Establishing a theory of negligence is crucial in proving liability on the part of the manufacturer or seller. Negligence can manifest in various forms, including failure to adhere to industry standards, overlooking safety precautions, or inadequate quality control measures. By demonstrating negligence, attorneys can build a compelling case for their clients.
Schedule a Consultation with a Georgia Product Liability Lawyer
Product liability cases require a meticulous approach that encompasses identifying the cause of injury, determining negligence in manufacturing, design, or production, and leveraging expert witness testimony to support the legal arguments. These cases often involve complex technical aspects and require a deep understanding of both legal and industry standards. Contact Phillips Carson Phillips today by calling (912) 232-0081 to schedule a free consultation with a member of our team to discuss your potential product liability case.