Our Atlanta product liability attorneys know that companies often try to get away with having potentially dangerous products on the market, and when they are caught because someone gets seriously injured and sues, they want to “hide the ball” and get out of it.
That is why it is important to get legal help as soon as possible if you are hurt by a product.
Our Georgia products liability lawyers understand the many avenues of liability that are formed in the making of a product, because everyone in the chain of production of that product owes a duty of care to the end purchaser. There is also liability from a failure to warn of a dangerous aspect or potential harm that is not immediately apparent to the user of the product.
One recent case of failure to warn in Georgia highlight some of these issues. According to news reports, a Chatham County woman, Amber Glisson, was “scalped” and her spine broken when she was in a 2009 Polaris Ranger RZR Side-by-Side ATV, which was bought brand-new in January 2011. She was riding in the ATV while wearing a full face helmet properly bucked and her seat belt fastened. Out of nowhere her hair became caught in an unprotected rotating drive shaft located underneath the passenger seat. The force of her hair getting caught “scalped” her, known medically as scalp avulsion, and fractured one or more discs of her spine, fractured ribs, and caused her serious bodily injury.
Ms. Glisson’s suit against Polaris, a Minnesota based company, was filed last week in a federal court in Savannah. It states that the ATV was being used properly and as intended by the manufacturer. It goes on to allege that, “No warning of the danger of the opening at the rear and rear sides of the seats of the passenger compartment which permitted the drive shaft to be exposed or the danger of this design existed on the RZR; neither was there any such warning in the Operator’s Manual for the vehicle.” Ms. Glisson claims that this failure to warn about unsafe and unprotected drive shafts makes Polaris at fault for her injuries.
Ms. Glisson suffered $400,000 worth of medical bills relating to her injuries from this incident. She also claims in the suit to have permanent scarring and disfigurement from the “scalping,” as well as other permanent injuries. She claims she will continue to suffer both mentally and physically for the rest of her life as a result, and has and will lose income from the experience. She is seeking compensatory and punitive damages for product liability, failure to warn, negligence, pain, suffering, and medical expenses.
If you have been the victim of a defective product, Sammons & Carpenter, P.C., has the experience to help you determine how to go forward. Products liability cases are often complex and detailed, so contacting an experienced attorney is crucial. Call us today at 404-814-8949, or fill out our confidential online case evaluation form for a free consultation.
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(Photo courtesy of jared)