How Does a Product Liability Claim Work in Georgia?

The purpose of a product liability lawsuit is to hold an entity, like a manufacturing company, distributor, retailer, or supplier, legally responsible for injuries and damages incurred by an individual due to a dangerous or defective product.

All companies must ensure the products they develop, distribute, or sell are safe to use according to their stated purpose. If a company fails to properly design, test, or provide adequate warning labels for a product, consumer injury or death may result.

Here is some important information about product liability claims in Atlanta, Savannah, and throughout the state of Georgia.

Product liability under Georgia law

According to O.C.G.A. § 51-1-11, which outlines some of the state’s product liability laws, injured parties are not required to provide proof they purchased a product in order to file a legal claim against the product’s manufacturer. An injury claim may be filed by all foreseeable users of the product or on behalf of a loved one regardless of who purchased the product. A plaintiff must establish several factual elements to the court in order to achieve a favorable result in a product liability lawsuit, including:

• The product was defective when the injury was sustained
• The product’s defective condition precipitated the injury (or the death of a loved one)
• The plaintiff used the product according to the manufacturer’s intended use
• The product was essentially in the same condition as it was when it was shipped by the manufacturer (unless the product was altered by a distributor or seller of the product before being sold, in which case a claimant may bring a claim against the distributor or seller of the product)

In the majority of cases, the plaintiff is not required to prove the manufacturer was negligent. The product liability laws in Georgia hold product manufacturers strictly liable for any injury sustained as a result of defective items regardless of manufacturer negligence.

Product defects qualifying for a lawsuit

A product liability lawsuit in Georgia may arise due to a design defect, manufacturing error, or failure to warn. A design defect results when the designers of a product make a mistake when designing the product, resulting in an unsafe product condition that is capable of inflicting injury or death. A manufacturing defect results when the design might have been safe, but a production or assembly error results in a defective or dangerous product. A failure to warn claim can be brought when the manufacturer fails to provide sufficient instructions or warning labels to prevent potential consumer injuries.

(Note: this is not true for a manufacturing defect or failure to warn. You must prove negligence for these claims)

If you have suffered an injury due to a defective product, you have legal options. At Harris Lowry Manton LLP, we have successfully secured compensation for clients in a wide range of product liability cases across the state of Georgia. Our team is here to help you obtain the compensation you deserve to help you recover from your losses. To arrange a free, initial consultation with one of our attorneys, complete our contact form, or call us today in Atlanta at 404-961-7650 or in Savannah at 912-651-9967.