The Patterson Cozzo Law Firm Blog

Personal Injury Laws and Product Liability

Those who have suffered personal injuries because of purchasing and using a defective product may be able to obtain compensation in Georgia under the personal injury and defective product laws. For this you need to contact The Patterson Law Firm in Marietta near Atlanta.

A personal injury is any physical, mental, or emotional harm suffered by a person because of the negligence of another. When a defective product causes the injury, the manufacturer of the product may be held liable for the injuries you sustained. Scott Patterson of The Patterson Law Firm can help those harmed by defective products determine if they have a viable claim and pursue it aggressively if they do.

An Example of Product Liability

If you buy a bike from a retail outlet and you are riding it 2 hours later down the sidewalk and the seat falls off causing you to collapse on the frame and fall, you may have the right to seek compensation for your damages from the store that sold you the bike and perhaps the bike manufacturer as well.

Public Benefit

Product liability claims against manufacturers are not just a means to compensate the individual injured by a defective product, but also benefit the public as manufacturers have a financial incentive to try to avoid the costs of making defective products.

Proof Needed

In general, to prove that a product is defective you will need to prove that the product was either manufactured in a defective manner or that the design of the product was defective. Additionally, you will need to show that the defective condition was the cause of the injury or death, that the product was substantially in the same condition as when the manufacturer had sold it, and that the product was being put to its intended or foreseeable use.

In other words, you need to speak to an experienced product liability lawyer to help you determine if you have a case. The law is framed to ensure that manufacturers of dangerous products such as knives are not penalized without cause. However, if the handle of the knife was weak and broke when being used properly, causing an injury, the manufacturer can be held liable.

Expertise Needed

The definition of a personal injury caused by a defective product includes multiple aspects. As such, only a personal injury attorney in Marietta who has expertise in handling defective products cases will be able to assess the information and advise you if you may have case against the manufacturer, distributor or seller.

Scott Patterson is a Marietta personal injury attorney who has experience litigating defective products cases. He can analyze all the facts pertaining to the injury and the product and determine if you may have a case. This can include a review of your medical records, the design of the product, the recall history, if any of the product, as well as other information that may assist in the analysis and ultimate proof of your case.

Important Facts About DUI Cases In Georgia

At The Patterson Law Firm we receive numerous inquiries about DUI cases in the State of Georgia, so here is a breakdown of DUI facts you may want to know–

Implied Consent Laws:

DUI falls into the category of Implied Consent Laws. This means that, as a condition of receiving a license to drive in the State of Georgia, you have impliedly consented to the allow police take a sample of your breath, blood, or urine for the purposes of determining, among other things, your blood alcohol content. You have the right to revoke this consent by refusing to submit to the requested test, however, your refusal may result in the loss of your license for up to a year for a first offense.

Blood Alcohol Concentration:

In the state of Georgia any driver that has a blood alcohol concentration (or BAC) of .08 is considered “intoxicated ” according to the law. Under this statute, the mere fact that your test results are over a .08 can result in your being convicted of Driving Under the Influence (DUI).

Zero Tolerance Blood Alcohol Concentration:

This type of law focuses on drivers who are NOT of legal drinking age. In Georgia persons driving under the age of 21 while operating a motor vehicle, with a blood alcohol level of .02 can be convicted of Driving Under the Influence.

Enhanced Penalty Blood Alcohol Level:

In many states there are more severe penalties and punishments for drivers if their BAC is.15 or over. In the State of Georgia, however, enhanced penalties based on BAC alone are not utilized.

Administrative License Suspension And Revocation:

There are minimum mandatory penalties for being above the legal limit of .08 BAC and/or refusing to submit to blood, alcohol and/or urine tests. The mandatory penalty for refusing to take the requested test of your blood, breath or urine is that your license may be suspended for a year with no driving privileges for the entire year. Submitting to the requested with the result of a BAC of .08 or higher can also result in a one year suspension with some provision for the issuance of a provisional license during the first 30-120 days for the first offense.

Vehicle Confiscation:

The penalty of vehicle confiscation in many states could be temporary or permanent. This typically occurs in cases involving repeat offenders. This penalty, however, is NOT applicable in Georgia.

Mandatory Alcohol Education/Treatment And Assessment:

Treatment or programs may be required for convicted drivers, based on a judge’s ruling. Alcohol Abuse education classes may also be assigned in lieu of incarceration, sentences or paying fines.

If you or someone you know has recently been involved in a DUI case contact an experienced DUI attorney in Marietta from The Patterson Law Firm TODAY. We will inform you of your rights and help you resolve your situation as effectively as possible!