Negligence in Macon and Atlanta products liability claims
Negligence is one of three legal theories for recovering damages in an Atlanta or Macon defective products case, the other two being strict liability and breach of warranty. While the strict liability theory focuses on defects in the product. A negligence theory focuses on the defendant’s conduct.
Typical ways in which the seller of a defective product may be negligent include:
- A failure to properly test a product, leading to a failure to discover certain dangers of the product.
- A failure to stop marketing the product after a company learned of the dangers.
- A failure to include warnings that would have alerted users to the dangers of a product.
Claims for negligence in a products liability case can be particularly strong if there is evidence of serious misconduct on the part of the defendant. Consider a situation in which the manufacturer had clear notice of the defect, yet took no action to fix the problem. The defendant’s bad conduct in this situation would support a claim for negligence.
By asserting a negligence claim, you make the defendant’s conduct relevant, something that is not necessarily true if your only claims are for strict liability and warranty. The importance of a negligence claim becomes clear when considering the type of evidence available to present to the jury. If you and your Macon personal injury attorney have uncovered evidence of the defendant’s bad conduct and you want to present it to the jury, your case should include a claim for negligence. If the conduct is bad enough, it may even support a claim for punitive damages to punish the defendant.