Design Defect Alleged in Georgia Boating Accident

In 2014, a 7-year-old was killed when the boat he was in hit a wave on a Georgia lake. The child was ejected from the boat upon impact with the wave. His family is now pursuing a lawsuit based on allegations that the boat’s design was defective, leading to the death of their son.

As reported by NBC4, the lawsuit was filed against the vessel’s manufacturer, Malibu Boats. It alleges that the company engaged in various negligent actions, including but not limited to:

• Failing to design and manufacture a non-defective boat
• Failing to properly test the boat to ensure safe performance when used in a foreseeable manner
• Failing to properly inspect the boat before selling it
• Falsely marketing the boat as safe for use
• Failing to warn and protect their customers from harm

Each of these allegations represent some aspect of products liability, a legal area of fault designed to hold product makers and sellers accountable for the injuries they cause.

What is defective product liability?

Consumers purchase products with the expectation that they will properly perform for their intended use. In this case, the family obtained the boat in question under the assumption that it would work properly for boating purposes. When these expectations are not met, and consumers are injured by defective products, victims and their families may have grounds for a product liability claim.

With the assistance of highly skilled Atlanta product liability lawyers, harmed consumers may successfully bring a claim for compensation against numerous entities, including:

• The manufacturer. If the product was incorrectly assembled or put together with faulty parts, the manufacturer may be liable for resulting injuries to consumers. Product contamination or improper safety inspections are also types of manufacturing defects.
• The designer. Under some circumstances, the defect lies in the design of the product, meaning that it was designed in a way that made it inherently dangerous for its intended use. An example of design defect would be clothing that is made with highly flammable materials that ignite into flames when placed in a clothing dryer.
• The retailer. The retailer who sold the product to the consumer may also share in the responsibility for resulting injuries. This especially applies in cases where the retailer did not properly warn the buyer about the risk of using the product or advertised the product as appropriate for an unintended use.

If a defective product caused serious injury to you or your loved one, contact Harris Lowry Manton LLP for a free consultation. We represent product liability victims in Atlanta, Savannah, and across Georgia. You can reach us at 404-961-7650 in Atlanta, at 912-651-9967 in Savannah, or complete our contact form to learn how we can help you seek justice in your product liability case.