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Defective Toys & Products for Children

Defective Toys & Products for Children

Amber is heaven sent!! Amber and her team worked very hard on my case!! They checked on me while I had my weekly doctor visits. They were very detailed with my settlement. I didn’t have to second guess anything. I would recommend her to anybody who is in a car accident !! I’ve even referred my love ones who also needed her to represent them in an accident. She made my process as painless as possible. I wish I could give her 10 stars!!

Jeannette A., Client

I was referred to Amber by my daughter-in-law. I was involved in two rear end collisions in a three month period. She did an excellent job keeping me informed and explained everything to me, in a manner that I could understand. She followed through with me until I had my settlements.

Shirley H., Client

Amber Gilormo is a knowledgeable and hard working attorney. I would not hesitate to seek her counsel.

Kristen Pitts, Peer

The staff is awesome; thorough! They kept me informed!

Sanchez T., Client

Great Experience Wonderful Amazingly Service! I would definitely recommend to anyone who’s in need of attorneys 😎 They’re right ppl to go to for sure indeed!!

Client Review

I have had attorneys in the past that does not compare to Attorney Amber Gilormo. She handle all of my concerns and answered all of my questions in a timely manner, I never had to guess what was happening with my case I was always informed and kept to to date.

Client Review

Don’t answer the phone for attorneys who have bought your phone# after an accident — call Attorney Gilormo because you will not be disappointed.

Carla Robinson

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WHAT HAPPENS AFTER I SUBMIT MY FORM?

Atlanta Defective Product Lawyer
for Harm Caused to Children

Every year thousands of children are injured due to defective toys and other products.

Parents are left with exorbitant medical expenses, and in some cases, have to take a leave of absence from their job in order to help their child recover. In other cases, these injuries tragically result in death. If your child has been injured due to a defective product, an Atlanta defective product lawyer can help you get the compensation your child needs to make a full recovery. 

 

 

The Basics of Product Liability

Product liability is an area of the law that includes injuries caused by defection toys and other children’s products. In a product liability case, you and your Atlanta defective product lawyer need to prove that the product was defective in one of three ways: 

  • Defective design. A design defect is one where the product is inherently unsafe due to its design. An example of a design defect would be if the product was designed that pieces could easily break off and become a choking hazard for small children. 
  • Manufacturing defect. The way the product was unsafe because of the way it was manufactured. For example, a toy that was designed in accordance with modern consumer safety standards is rendered unsafe when lead paint was used in the manufacturing process. 
  • Labeling defect. The company that sells the product has an obligation to disclose any unavoidable risks and instruct the consumer on how to use the product safely. For example, companies should label the product with the appropriate age for the product, whether it contains any choking hazards, or if it carries a risk of electrical shock. 

Note that “defective” does not mean broken in the context of product liability. If a toy or other children’s product was defective in one or more of the three ways listed above, the company responsible for selling the product may be liable for any injuries that result. 

Unfortunately, proving that a toy or other children’s product is defective is not easy. It can be difficult to identify where in the design, manufacturing, and retail process the product became defective. An experienced Atlanta defective product lawyer can help you determine whether the product that injured your child was defective and who should be held liable. 

Atlanta Defective Product Lawyer Explains Strict Liability

Unlike most other injury cases, product liability claims are judged according to a strict liability standard in the state of Georgia, which means if you can prove the product was defective, you do not need to prove that the company was otherwise negligent.  

What Your Atlanta Defective Product Lawyer Will Prove in a Child Defective Product Case

In order to succeed in a product liability claim, you and your Atlanta defective product lawyer will work together to prove the following elements: 

  • The product was defective; 
  • The defect existed at the time the product was offered for sale; 
  • The defect caused your child’s injuries. 

Often in product liability cases, proving that the product defect contributed to serious injuries is complex. Furthermore, manufacturers will often try to argue that the product was modified by you or someone else or it was misused by your child. They will even try to argue that your child would not have been injured had you been providing adequate supervision.

Can I Pursue A Claim If My Child Was Gifted The Toy Or Product That Harmed Them?

Toys or other children’s products are popular gifts from friends or family members. Many people think that they cannot pursue a claim because they didn’t purchase the product that injured their child. Fortunately, this is not the case – Georgia law does not require “privity” for you to pursue a claim. In other words, you can pursue a product liability claim with an Atlanta defective product attorney if your child was injured even if you didn’t purchase the product.

Common Toys and Children’s Products Involved in Product Liability Claims

Because children are so vulnerable, almost any toy or product can result in injury. However, these are some of the most common products that give rise to claims:

  • Dressers and other furniture that can easily tip over
  • Trampolines
  • Bicycle helmets
  • Bicycles and tricycles
  • Child-specific floatation devices and pool toys

Georgia Product Liability Statute of Limitations

In general, you have two years in the state of Georgia to file a lawsuit based on a claim arising from personal injury, which is referred to as the statute of limitations. If you fail to file your lawsuit, you will lose all of your rights no matter how strong your case is or how badly you’ve been injured. 

However, the situation is significantly different for product liability cases: 

  • The two-year statute of limitations does not begin running until you have discovered your child’s injury, with a maximum period of time of 10 years. 
  • However, if your child’s injury was caused due to the manufacturer’s failure to warn of a specific injury, then there is no limitation on when the lawsuit may be filed, provided that you file your lawsuit within two years of discovering the injury. 

The statute of limitations is an absolute bar to recovery. We strongly recommend that you do not wait to pursue legal action so that it does not become an issue in your case.

Atlanta Defective Product Lawyer Explains Common Injuries from Defective Children’s Products

The injuries caused by defective toys and products can range from mild to severe and can even result in death. These injuries can include the following:

  • Choking
  • Poisoning
  • Brain injuries
  • Burns
  • Electrical shocks
  • Fractures
  • Lacerations
  • Puncture wounds

Many of these wounds involve the head or face and can result in permanent scarring or disfigurement. These injuries can require extensive medical treatment and physical therapy and pose a threat to your child’s normal development. An Atlanta defective product lawyer can help you make sure you get the compensation your child needs to make a full recovery.

Has Your Child Been Injured? Contact an Atlanta Defective Product Lawyer at Gilormo Injury Law

Product liability cases can be extremely complex. Don’t risk your child’s future by pursuing a claim on your own. Compassionate and dedicated, Atlanta defective product lawyer Amber Gilormo can help you get the compensation you need.  We serve clients in all of Metro Atlanta, including, Alpharetta, and Cumming.

Call us at 770-343-7101 or contact us online to schedule a free consultation – we can discuss your case and how we can help you move forward.

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Amber is heaven sent!! Amber and her team worked very hard on my case!! They…

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