Defective Products
Product Liability & Contaminated Food Claims in Georgia, Florida, North Carolina & Arizona
At McGahren Law, we represent individuals injured by dangerous or defective products and contaminated foods. Whether you were harmed by a faulty consumer product, mislabeled medication, or unsafe food, you may be entitled to compensation for your injuries. We handle product liability cases across Georgia, Florida, North Carolina, and Arizona.
⚖️ What Is Product Liability?
Product liability is the legal responsibility of manufacturers, distributors, and sellers when a defective product causes injury, illness, or death. This applies to a wide range of products, including:
- Consumer goods
- Machinery and vehicles
- Medications and medical devices
- Food and beverage items
Manufacturers and retailers are required to ensure that products placed on the market are reasonably safe. If they fail to do so, they may be held strictly liable.
⚠️ Types of Product Defects
🛠️ 1. Manufacturing Defect
- The product deviates from its intended design due to a production error.
- Example: A bicycle frame that cracks due to improper welding.
🧪 2. Design Defect
- The design itself is unreasonably dangerous, even if properly manufactured.
- Example: A car with a gas tank that explodes on rear impact.
⚠️ 3. Failure to Warn / Inadequate Instructions
- The product lacks sufficient warnings or safety instructions.
- Example: A medication without dosage or side-effect warnings.
🧾 Legal Theories in Product Liability
- Strict Liability – You can recover even if the manufacturer wasn’t negligent.
- Negligence – The maker failed to exercise reasonable care.
- Breach of Warranty:
- Express Warranty – Violated a written or spoken claim about the product
- Implied Warranty – Product wasn’t fit for ordinary use
🍽️ Contaminated or Unwholesome Food
🤢 What Qualifies as Contaminated Food?
- Harmful bacteria (e.g., E. coli, Salmonella, Listeria)
- Foreign objects (e.g., glass, metal, plastic)
- Improper labeling (e.g., allergens not disclosed)
- Spoilage due to poor storage or handling
🚨 Examples
- Salads infected with Listeria
- Peanut butter tainted with Salmonella
- Frozen meals containing plastic shards
- Restaurant meals causing food poisoning
- Beverages contaminated with metal fragments
🔍 Proving a Food Contamination Case
To recover damages, the injured party must typically prove:
- The food was contaminated or unsafe
- The food caused their illness or injury
- The contamination was due to negligence or breach of warranty
- They suffered actual damages (e.g., medical bills, lost income)
🧪 Evidence Often Includes:
- Medical records linking the illness to the food
- Laboratory tests from food or patient samples
- Product recalls or health department reports
- Eyewitness or dining companion statements
💵 Damages in Product & Food Injury Cases
- Medical expenses
- Lost income or earning potential
- Pain and suffering
- Emotional distress
- Wrongful death (if fatal)
- Punitive damages (for reckless or willful conduct)
⏳ Statute of Limitations
Each state sets a deadline for filing a product liability or food injury claim:
- Typically 2–3 years from the date of injury or discovery
- Shorter deadlines may apply for claims against government-run facilities (e.g., schools)
👨⚖️ Example Case
A family purchases pre-cooked chicken from a grocery store. After eating it, several family members are hospitalized with Salmonella poisoning. The manufacturer later issues a recall. McGahren Law helps the family pursue a strict liability claim to recover compensation for medical bills, lost wages, and emotional distress.
⚖️ Government Agencies Involved
- FDA – Regulates food labeling and drug safety
- USDA – Oversees meat, poultry, and certain egg products
- CDC – Monitors foodborne illness outbreaks
- CPSC – Handles consumer product safety (non-food)
Contact McGahren Law today if you or a loved one has been harmed by a defective product or unsafe food item. We offer free consultations and serve clients throughout Georgia, Florida, North Carolina, and Arizona.