Unsafe products injure millions of Americans every year. Defects can impact a variety of products we use every day, from medications to vehicles to household goods.
Under Georgia law, a manufacturer may be liable for injury caused a defective product under one of several legal theories. Implied warranties provide a contractual basis for recovery. An "implied warranty" automatically attaches to a product without the seller making any express statements and generally takes one of two forms:
Implied warranty of merchantability — Under this warranty, goods must be fit for the ordinary purposes for which they are used. The guarantee only applies to latent defects that are not discoverable through the exercise of ordinary care. Therefore, in order to recover, consumers must be able to show they used the product in the ordinary purpose for which it was intended, that the product broke through no fault of their own and the break was a result of a defect they could not have discovered prior to purchase.
Implied warranty of fitness for a particular purpose — This warranty applies when the seller has reason to know that the product will be used for a particular purpose. In these specific cases, the seller must guarantee that that product will be reasonably fit for the intended use. To successfully bring this type of claim, consumers must be able to show that the seller was aware of their intended use and that the consumer relied on the seller’s skill in selecting the particular product.
The implied warranty theory of liability is only available to the direct purchaser of the defective product or members of his or her household. In addition, it is only available for injury claims and cannot be used in cases of wrongful death. In other cases, injury victims and their families may rely on strict liability or negligence to prove their claims.
If you or someone you love has suffered a serious injury due to a defective product, we may be able to help. The knowledgeable and dedicated personal injury lawyers can investigate the cause of the injury and determine the best legal strategy to obtain the compensation you need to deal with medical bills, lost wages and other expenses.