Product liability refers to the legal responsibility of manufacturers, distributors, and sellers of products for injuries and damages caused by defective products. Product liability claims are an important aspect of consumer protection law, and they play a critical role in ensuring that manufacturers are held accountable for the safety of their products. However, it is important to understand the legal framework that governs product liability claims, including the statute of limitations. In this blog post, we will discuss Georgia’s statute of limitations for product liability claims.
Statute of Limitations for Product Liability Claims in Georgia
The statute of limitations is the time limit within which a plaintiff must file a lawsuit in court. In Georgia, the statute of limitations for product liability claims is generally two years from the date of injury or death caused by the defective product. This means that a person who is injured or dies as a result of a defective product has two years from the date of the injury or death to file a lawsuit against the manufacturer, distributor, or seller of the product.
There are some exceptions to this general rule. For example, if the product liability claim involves a breach of warranty, the statute of limitations is four years from the date of the sale of the product. Additionally, if the injured party is a minor or has a mental disability, the statute of limitations may be extended.
It is important to note that the statute of limitations for product liability claims in Georgia is strict. If a person fails to file a lawsuit within the applicable time limit, their claim will be barred, and they will not be able to recover damages for their injuries.
Statute of Repose for Product Liability Claims in Georgia
In addition to the statute of limitations, Georgia also has a statute of repose for product liability claims. A statute of repose is a time limit that sets an absolute deadline for filing a lawsuit, regardless of when the injury occurred. In Georgia, the statute of repose for product liability claims is ten years from the date of the first sale of the product by the manufacturer, distributor, or seller.
This means that even if a person is injured by a defective product many years after the initial sale, they will not be able to file a lawsuit if the statute of repose has expired. However, there are some exceptions to the statute of repose, such as if the manufacturer engaged in fraudulent concealment of the defect or if the product has a useful life of more than ten years.
Additionally, it is important to note that Georgia follows a modified comparative fault rule when it comes to product liability claims. This means that if the injured party is found to be partially at fault for their own injuries, their damages will be reduced by their percentage of fault. However, if the injured party is found to be 50% or more at fault, they will not be able to recover any damages.
Product liability claims can be complex and require the expertise of a knowledgeable attorney. If you are considering filing a product liability claim in Georgia, it is important to consult with an attorney who has experience in this area of law. An attorney can help you understand your legal rights and options, gather evidence to support your claim, negotiate with insurance companies, and represent you in court if necessary.
Georgia’s statute of limitations for product liability claims is generally two years from the date of injury or death caused by a defective product, with some exceptions. The statute of repose is ten years from the date of the first sale of the product. It is important to understand these time limits and to seek the advice of an experienced attorney if you have been injured by a defective product.
If you are looking for legal representation for a product liability claim in Georgia, we at the Keenan Law Firm can help you navigate the state’s statute of limitations and pursue the compensation you deserve for your injuries. We have a team of experienced attorneys who have handled numerous product liability cases in Georgia and are familiar with the state’s laws and regulations.
We understand the complexities of product liability law and have the resources and experience to effectively pursue your case. We offer free consultations to individuals who have been injured by a defective product, during which we can provide an evaluation of your case and answer any questions you may have about the legal process.
Our goal is to provide our clients with the highest level of legal representation and achieve the best possible outcome for their cases. If you have been injured by a defective product, contact us today to schedule a free consultation and discuss your legal options.