What Is Product Liability?
Product liability law holds manufacturers, distributors, and sellers responsible when a defective product injures you. Georgia recognizes three main types of defects:
- Manufacturing Defects: Flaws introduced during production, making an otherwise safe design dangerous.
- Design Defects: Inherent dangers in a product’s design that make it unreasonably risky even if built correctly.
- Failure to Warn (Marketing Defects): Insufficient instructions or inadequate warnings about a product’s inherent risks.
Strict Liability vs. Negligence
Georgia applies strict liability for most product defect claims, meaning you don’t need to prove the manufacturer was negligent—only that the product was defective, caused your injury, and was used as intended. In some cases, you may also pursue a negligence claim by showing a party failed to exercise reasonable care in design, manufacture, or marketing.
Key Elements to Prove a Product Liability Claim
- Defect Existed: Establish that the defect (manufacturing, design, or warning) made the product unreasonably dangerous.
- Causation: Link the defect directly to your injury—demonstrate how the flaw caused your harm.
- Proper Use: Show you were using the product as intended or in a reasonably foreseeable way.
- Damages: Document your losses, including medical expenses, lost wages, and pain and suffering.
Statute of Limitations and Repose
- Statute of Limitations: You generally have two years from the date of injury to file a product liability lawsuit under O.C.G.A. § 9-3-33.
- Statute of Repose: Georgia’s repose period bars claims more than ten years after the product was first sold—regardless of when the injury occurred—so swift action is crucial.
Steps to Take After a Defective Product Injury
- Preserve the Product: Keep the item in its post-accident condition for inspection.
- Document Everything: Photograph the defect, your injuries, and the scene.
- Seek Medical Care Immediately: Create a clear record linking the defect to your injury.
- Collect Records: Save purchase receipts, user manuals, and any recall notices.
- Consult an Experienced Attorney: Product liability claims often involve complex expert testimony—legal counsel ensures you meet procedural requirements and deadlines.
How Gunn Law Group Can Help
- Early Investigation: We work with engineers and safety experts to pinpoint the defect and build a compelling case.
- Managing Complex Liens: We navigate subrogation claims and ensure you keep your full recovery.
- Aggressive Negotiation & Trial Readiness: Whether negotiating with major manufacturers or taking them to court, we fight for every dollar you deserve.
- Client-First Service: From handling the paperwork to coordinating expert witnesses, we manage every detail so you can focus on your recovery.
Don’t let a defective product derail your life. Call Gunn Law Group today at 888-BIG-GUNN (888-244-4866) for a free consultation and hold the responsible parties accountable.
