Defective Products
We have the necessary experience for this specialized area of practice
When you purchase or use a product manufactured or produced by a company – whether it is factory equipment, an appliance, food, a power tool, a toy for children, an automobile, toys, sporting gear, recreational vehicles, lawn and garden equipment, furniture, appliances or anything else – you have the expectation that it is safe to use. However, companies make harmful errors and a product will cause death or severe harm to a consumer when used for its intended or foreseeable purpose. According to the U.S. Consumer Product Safety Commission, 33.1 million Americans are injured by consumer products each year. When this happens a defective products claim may be made against the manufacturer or distributor of that product.
In a defective products case, a plaintiff (the victim’s family or the victim bringing the claim) must show:
- The defendant owed a duty to the plaintiff,
- The defendant breached that duty,
- The breach caused an injury to the plaintiff, and
- The injury resulted in damages to the plaintiff.
In a defective products case there may be multiple defendants; a defendant may be a parts supplier, the primary manufacturer, or the distributor or retailer of a product. In many cases every entity in the chain of distribution may be a defendant as they all owe a duty of safety to the consumer who purchased the product.

A defective products claim can also exist when a product performs as intended and the manufacturer or supplier acted with care and without negligence, but the product has an inherently dangerous risk of harm due to its design. Due to the danger of the product, the manufacture or supplier are held to a higher standard under the theory of “strict liability”. Under the strict liability theory, the manufacturer is responsible for any harm caused by the use of the product because the manufacturer should have known that such a product would cause danger when sold to the target audience. It must be shown that the defective condition of the product made it unreasonably dangerous even when used as intended or in a manner reasonably foreseeable to its manufacturer, and that such defective product proximately caused the injury or death at issue. Under a strict liability claim, the focus is upon the condition of the product, not the conduct of the manufacturer.
A third theory under which a claim for defective products arises is under Implied Warranties. The Uniform Commercial Code establishes contract-based grounds for products liability which are recognized in Georgia.
- Implied warranty of merchantability. The product must be fit for purposes intended by the seller.
- Implied warranty of fitness for a particular purpose. The product must be fit for the buyer’s intended use which was known to the seller.
Almost every item of personal property which is produced and then made available for purchase by an individual, business or government entity is subject to the product liability laws in Georgia and other states. Once the defective product enters the stream of commerce, the manufacturer assumes the risk of liability to the persons such product may harm.
- All consumer goods:
- toys, sporting gear, recreational vehicles, tools, lawn and garden equipment, furniture, and appliances,
- Motor vehicles including cars, trucks, minivans, SUV’s and motorcycles,
- Large machinery and equipment used in construction, farming and/or industrial manufacturing,
- Pharmaceutical and medical products:
- medicine, drugs, diet pills, medical devices, orthotics, and contact lenses,
- Perishable food and beverage products, including raw meats, raw vegetables, processed food items, and cooked foods served at restaurants.
Statute of Limitations for defective products matters:
Each state will have a statute of limitations that sets forth the number of years after injury or death which the plaintiff has to file a lawsuit. Each state’s product liability statute of limitations may be different (usually ranging from 2 – 4 years). Some states, like Georgia, also have a product liability statute of repose which places a limit on the period of time after a product is manufactured or sold during which that product can be the subject of a product liability lawsuit. In the case of an older product, the statute of repose could expire even before the statute of limitations has expired. Determining these deadlines can be a complex legal issue, so please talk to an attorney.
Defective products cases are a specialized area of practice. Michael S. Wilensky, LLC has the unique experience and knowledge in this areas to protect you and obtain optimal compensation for the harm that was caused.
Very great lawyer , THE best in the business.Communication and work ethic was amazing. Definitely recommend.
Michael and his team patiently tracked the progress and diligently worked with the opposing insurance team to get a solid settlement.
Michael and his staff got the job done and I received the settlement that I needed. Grateful!
Excellence from day 1. Nothing else needs to be said. Thank you Attorney Wilensky so much
Best law firm out there. Mike has been a huge help since day one and really cares about his client. Can’t say enough great things about them
I was introduced to Michael by my friend and when I explained my case to him he took it and did everything I needed. He was always answering my questions and helped me get a great settlement. Thank you Mike!
I was hit by a driver who ran a red light. Michael and his team were excellent! He fought for me, and the outcome was better than I could ever imagined. I am so grateful and could not recommend Michael Wilensky more!!
Was helpful throughout the whole process! Top attorney I’ve ever had! Highly recommended!
Michael was courteous, professional, and diligent in his efforts to help me. He helped coach me through the complicated process of settlement, and I highly recommend him for any personal injury claim. He is easy to communicate with and makes a complex process easier to understand. I would look forward to working with him again as needed.
Michael did a wonderful job with my injury case. A friend referred me and I couldn’t be happier. He got me a great result!
Mike Wilensky was an absolute pleasure to work with; he made the entire process easy from the day I had my accident to the moment I received my settlement check. He consistently checked in with me personally despite the process taking over a year.
Michael was patient, nice, and has good energy. I will definitely refer my family and friends. Michael was respectful and he came through!
I thought Michael Wilensky was a highly effective and responsive attorney. He always answered all my questions and I highly recommend if you are injured and need a great attorney!
Very pleased with the way Michael handled my car accident case and fought for getting the best settlement for me.
I highly recommend Wilensky Law! Michael always is available or, if he’s busy, he always calls back. I was informed and extremely happy with the outcome. If you are injured or killed, call Michael!
Best attorny was very helpful throughout the whole process. If anyone needs an serious injury attorney I highly recommend Michael!
Awesome service! The best in Georgia! I would definitely hire Michael if you know anyone injured. Hey is incredibly persistent and did a great job!
Michael and his team have been great to work with! I had multiple questions throughout the process and they always made time to connect, provide me with an update, and continue to be a voice for me. So glad I pursued Wilensky law and received a great recovery. Would highly recommend!
Wilensky Law made sure I was taken care of completely. Anytime I needed help with anything in my ongoing case- I could call Mike directly. My medical bills were covered and then some. I will definitely be using Mike anytime I have personal injury matters. Thanks so much Mike!
Getting into an accident really sucks. You " think you know how to do a claim", but you learn that you really do not know how to do a claim if you have done it by yourself in the past.I got into a minor fender bender - person rear ended me at slow speed. There were aches and pains. The car needed some TLC. I knew I needed some help with the claim. I called Michael and he took care of me. It was a quick sign up process. They were very responsive through out the whole process. I had questions and Michael's team knew the right answers because they have done it before. I wish I used them for a previous accident.
Did a great job in helping me have a great outcome in my first case! I couldn’t have asked for a better attorney! He always answered when I called and always kept me updated!5 star lawyer!!
Me and my son were in a bad collision. Attorney Wilensky did an amazing job with the case and got us a great settlement. He always answered the phone and is an amazing injury attorney. I highly recommend.
Michael Wilensky is an amazing attorney!! I would recommend him to anyone who is seriously injured or needs legal assistance. He’s very professional and personable. Thank you again Michael for helping me with my legal needs!!! Great job!!
Free Case Evaluation
