Jones & Swanson

Product Liability



Most of the products used by consumers every day are designed safely, constructed correctly, and sufficiently tested so that they pose no significant risk of danger or harm. However, defective products do occasionally make it to the marketplace, causing personal injury and possibly wrongful death. Defective products are dangerous and costly. Injuries as a result of a product mishap can be long-term and devastating.

If you or a family member have been injured by an unsafe product, you should contact our Marietta product liability attorneys immediately at (770) 427-5498.

Product liability cases involve goods that are designed, manufactured, or distributed in a way that causes harm to consumers and other end users. These defective products can include automobiles, airplanes, prescription drugs, medical devices, and industrial equipment. In automobiles, defective seatbelts, tires, airbag failure, and overall vehicle designs have resulted in devastating injuries to their drivers and passengers.

When a manufacturer or distributor of a product allows a product to be sold with inherent flaws, they may be liable for damages and injuries caused to others. Liable parties can include the parts manufacturer, wholesaler, assembling manufacturer, retail store owner, and others. Obtain help from the top personal injury lawyer in Marietta to ensure that your rights are protected after suffering from a defective product.


Plaintiffs in Georgia products liability cases are most often consumers that have been injured by defective or dangerous products that they bought, borrowed, or were given. Product liability cases are very complex, time-consuming, and expensive, so it is important that potential claimants contact our experienced product liability attorneys quickly.

A thorough investigation and examination of the defective product by qualified experts as soon after an incident occurs is vital. Also, defective products are often made by large companies with immense resources to contest liability claims. For these reasons, if you believe you may have been injured as a result of a defectively designed or manufactured product, please contact the experienced product liability attorneys at our firm for a free consultation.

The injury attorneys at Jones & Swanson have extensive experience representing product liability clients. As a result, we have access to the most qualified experts and researchers in the country. These engineers, technicians, doctors, and others are familiar with the design and manufacturing processes associated with most products.

Throughout the litigation process, our experts are able to aid us in offering the best representation for our clients. If you or someone you know have suffered injuries through the use of a product you believe may have been defective, Jones & Swanson has experienced product liability lawyers that will work closely with you to maximize the results of your claim.


In product liability cases, the plaintiff (or person suing), does not always have to prove liability. Many times, the plaintiff must only show that the product that harmed them was defective at the time of use and/or purchase. This doctrine is known as “strict liability,” and it assumes that if a product was defective enough to harm someone, then the manufacturer was negligent in selling the product.

Most product liability claims are prima facie cases, which put the burden of proof on the defendant (or manufacturer).

The elements of a prima facie product liability case are:

  • The defendant selling a product
  • The defendant selling a product the plaintiff uses
  • The plaintiff suffers an injury
  • The product was defective at the time of sale
  • The defect led to the plaintiff’s injury

If you can show all the aspects above, you will win your claim unless the defendant can show that they did not behave negligently. Some common defenses for manufacturers include claiming that the company did not know and should not have known about the defect or having cases thrown out due to the statute of limitations. Sometimes, manufacturers send out “notices” to start the statute of limitations well before your injury takes place.

To preserve your case, you need to file as soon as possible after your injury.


A successful claim depends on proving whether or not a product was defective. To do this, you must file according to the correct type of error. Products can be defective by design or because of a manufacturing error. Manufacturers can also be responsible for failing to warn you about a defect or hazard associated with the product.

Manufacturing defects may only affect certain products, but they usually come with physical evidence. For example, if one leg of a chair is too short and the chair topples as a result.

Design defects mean the product was defective from the time it was first imagined, so you must show that the product is inherently dangerous – and that the dangers of the product do not outweigh its potential benefits. For instance, a knife might not be defective just because you cut yourself with it – unless the knife was designed without a handle.

Failure to warn cases are common with defective drugs. Essentially, there is a problem that the manufacturer knows about (or should have discovered during testing), but you get hurt because they do not inform you of the risks.

Determining what kind of defect harmed you can be tricky, but our attorneys can help.


The top product liability injury attorneys at our firm have helped many Georgians after they sustained injuries because they used, were exposed to, or ingested a product that was defective, dangerous, or malfunctioned. If you have been injured as a result of someone else’s negligence, obtaining an experienced attorney who recognizes what to look for in a case can give you the backing needed to ensure compensation for your injuries.

The affordable Marietta personal injury lawyers at Jones & Swanson take pride in representing each and every client in a personalized and dedicated manner. All consultations with our attorneys are free of charge. All clients at our firm are represented on a contingency fee basis, which means there are no legal fees unless we recover damages for your defective product claim.

Looking for an attorney for an injury in Marietta? Regardless of where you are located, contact the experienced product liability attorneys at our firm today.

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