Nissan recently recalled a series of vehicles because of their passenger airbags. A local Georgia newspaper reported that these airbags had the potential to explode and shoot shrapnel at individuals in the vehicle. Officials who have been investigating the cars explained that the shrapnel and shards of metal could cause serious injuries to the occupants. Thus far, there have been about three injury claims from the passenger airbag.
The number of vehicles that are covered by this recall went up from 30,000 to over 52,738. And currently there are about eight states that are affected by this recall, including Georgia. Nissan and Takata Motors have reported that the airbag inflator will be replaced at no cost, and if that is not available, a certified Nissan dealer should disconnect the airbag and advise individuals not to use the passenger seat.
Products Liability in Georgia
There are many types of products liability cases and a few theories that one can claim against a manufacturer, designer, or seller of a defective product. Products designed for consumers can be dangerous if they do not contain appropriate warnings and usage directions, or are defectively designed or manufactured.
An individual or class of individuals may bring a suit on a theory of negligence, strict liability, or implied warranties. To bring a claim using negligence, an individual must claim that he or she was injured or a family member was killed because the manufacturer or designer either:
- Negligently designed the product;
- Did not provide a proper recall notice;
- Did not provide warnings or instructions, or
- Did not test or inspect the item.
Strict liability is a claim against the manufacturer of a product by any person who used the item, even if they were not in direct privity of each other. Normally, Georgia protects sellers that are not the actual manufacturers of a product.
Lastly, Georgia also has a contracts-based theory of product liability against manufacturers and designers. An individual may claim that the manufacturer or designer breached an implied warranty of merchantability and an implied warranty of fitness for a particular purpose. Respectively, this means that the product must be fit for the purposes intended by the seller, and the product must be fit for the buyer’s use.
Have You Been Injured Because of A Defect in the Production or Design of a Product?
If you or someone you know has been injured because of a manufacturing or design defect in a product, you may be eligible for monetary compensation for your injuries. The attorneys at Miller Legal Services have years of experience in litigating and settling product liability cases in Georgia. You may be entitled to damages related to your past medical bills, your future medical expenses, and other awards for the damages you suffered. Product liability cases involve many parties and a great deal of investigation and preparation. To increase your chances of success, you should contact our office today at 770-284-3727 to schedule a free initial consultation.
See Related Blog Posts
Another Drunk Driving Crash, This Time in Lumpkin County, Marietta Personal Injury Lawyer Blog, September 17, 2014.
Georgia Woman Dies in South Carolina Accident, Marietta Personal Injury Lawyer Blog, October 13, 2014.