If a defective product hurt you in Georgia, you may have a claim against the company that made it. Georgia law makes manufacturers strictly liable when a product they sold as new was not reasonably suited to its intended use and that condition caused your injury. You may also have a negligence claim, including a claim that the company failed to warn you about a known danger.
Timing matters. Most injury claims must be filed within two years, and Georgia also has a 10-year statute of repose that can cut off certain product claims based on when the product was first sold, no matter when you were hurt.
Key Takeaways
- Georgia recognizes three main kinds of product defects: manufacturing defects, design defects and failures to warn.
- Strict liability under O.C.G.A. § 51-1-11 applies to manufacturers; a seller that did not make the product generally is not strictly liable as a manufacturer (O.C.G.A. § 51-1-11.1).
- You generally have two years from the injury to file suit (O.C.G.A. § 9-3-33), and many product claims are also barred 10 years after the product’s first sale.
- Keep the product exactly as it was after the injury. It is often the most important piece of evidence.
- Your own share of fault, such as misuse of the product, can reduce or bar recovery under Georgia’s comparative fault rule.
Three Types of Product Defects
Product liability law holds companies responsible when a dangerous product injures the people who use it or are around it. Most Georgia claims fall into one of three categories.
- Manufacturing defects. Something went wrong when this particular item was made. The design may be safe, but the unit that reached you was not, such as a cracked part, a contaminated batch or a missing component.
- Design defects. The danger is built into the product itself, so every unit carries the same risk. Georgia courts use a risk-utility analysis, weighing the product’s risks against its usefulness and asking whether a safer, practical alternative design was available.
- Failure to warn. The product lacked adequate instructions or warnings about a danger the manufacturer knew or should have known about. Georgia law also says a manufacturer keeps a duty to warn about a danger once it becomes known (O.C.G.A. § 51-1-11(c)).
Defective vehicles and vehicle parts, such as tires, airbags and seat belts, are a common source of these claims. If a defect contributed to a crash, the claim may run alongside a standard car accident claim against a negligent driver.
Strict Liability vs. Negligence in Georgia
Under O.C.G.A. § 51-1-11(b), the manufacturer of personal property sold as new is liable to anyone who uses, consumes or is reasonably affected by the product and is injured because the product, when sold, was not merchantable and reasonably suited to its intended use. You do not have to prove the manufacturer was careless under this strict liability rule. You have to prove the product was defective when it left the manufacturer and that the defect caused your injury.
Strict liability has limits. It applies to manufacturers, not to retailers or distributors that simply sold the product. Georgia law says a “product seller” is not a manufacturer and is not strictly liable as one (O.C.G.A. § 51-1-11.1). A seller may still be responsible on other grounds, such as its own negligence, so it is worth identifying every company in the chain.
A negligence claim focuses on conduct. You would show that a company failed to use reasonable care in designing, making, testing or warning about the product, and that this failure caused your injury.
What You Need to Prove
- A defect existed. The product had a manufacturing flaw, a dangerous design or an inadequate warning.
- The defect existed when the product left the manufacturer. Later damage, alterations or repairs by someone else can break this link.
- Causation. The defect, and not something else, caused your injury.
- Damages. You suffered losses such as medical expenses, lost wages, and pain and suffering.
The defense will often argue misuse, alteration or your own carelessness. Georgia follows modified comparative fault: your recovery is reduced by your percentage of fault, and you recover nothing if you are found 50% or more at fault (O.C.G.A. § 51-12-33).
Deadlines: Statute of Limitations and Statute of Repose
| Deadline | General rule | Georgia law |
|---|---|---|
| Personal injury | 2 years from the injury | O.C.G.A. § 9-3-33 |
| Property damage | 4 years | O.C.G.A. § 9-3-31 |
| Statute of repose | 10 years from the product’s first sale for use or consumption | O.C.G.A. § 51-1-11(b)(2) and (c) |
The statute of repose is different from an ordinary deadline. It can bar a strict liability claim, and most negligence claims against a manufacturer, once 10 years have passed since the product was first sold, even if the injury happened yesterday.
There are exceptions. Under O.C.G.A. § 51-1-11(c), the 10-year limit does not apply to negligence claims involving products that cause a disease or birth defect, or to conduct showing a willful, reckless or wanton disregard for life or property. Whether an exception fits your case depends on the facts, so have the dates reviewed early. Our guide to Georgia personal injury deadlines explains the two-year rule in more detail.
Steps to Take After a Defective Product Injury
- Preserve the product. Keep it in its post-injury condition. Do not repair it, throw it away, or send it back to the seller or manufacturer. Keep packaging, parts and accessories too.
- Get medical care. See a doctor promptly and follow the treatment plan. Medical records connect the injury to the product.
- Document everything. Photograph the product, the defect, the scene and your injuries. Write down how you were using it.
- Collect records. Save receipts, manuals, warranty cards, serial or lot numbers, and any recall notices. For vehicles and vehicle equipment, you can search for recalls on NHTSA’s recall site.
- Be careful with company requests. A manufacturer or insurer may ask for the product or a recorded statement. Get advice before handing over evidence or signing anything.
How a Lawyer Can Help with a Product Case
Product cases often turn on technical proof. A lawyer can arrange for qualified engineers to inspect the product, identify every company in the chain, and track down recalls, complaints and testing records.
A lawyer can also handle medical liens and reimbursement claims, and explain how Georgia’s 2025 tort reform law (SB 68) may affect your case. For claims arising on or after April 21, 2025, SB 68 changed how medical expenses may be proven (O.C.G.A. § 51-12-1.1) and allows a party to ask for fault and damages to be tried separately (O.C.G.A. § 51-12-15). To understand how losses are valued, see our guide to what a Georgia injury claim may be worth.
If a defective product caused a death, the family may have a wrongful death claim in addition to the estate’s claims.
Frequently Asked Questions
Can I Sue the Store That Sold Me a Defective Product?
Usually not under strict liability. Georgia law says a product seller that did not manufacture the product is not strictly liable as a manufacturer. A store or distributor may still be responsible if its own negligence contributed to your injury, and identifying the actual manufacturer is often the key step.
What If the Product Is More Than 10 Years Old?
Georgia’s statute of repose generally bars strict liability and most negligence claims against a manufacturer 10 years after the product’s first sale. Exceptions exist for negligence involving products that cause a disease or birth defect and for willful, reckless or wanton conduct. Have a lawyer review the dates and facts before assuming a claim is barred.
Do I Need to Keep the Defective Product?
Yes. The product is often the central piece of evidence, and experts may need to inspect it. Store it safely, do not alter or repair it, and do not give it to the manufacturer or an insurer without legal advice.
What If I Was Partly at Fault?
You may still recover if you were less than 50% at fault, but your damages are reduced by your share. Manufacturers often argue misuse or alteration, so records of how you used the product and photos of its condition matter.
If a defective product injured you or someone you love, talk with The Gunn Law Group about your options. The consultation is free and there is no obligation, and there is no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866). Hablamos español.
