Product liability laws in Georgia are designed to protect consumers who have suffered injuries or losses due to defective products. These laws provide a legal framework for consumers to seek compensation for their injuries or losses caused by a product, and hold manufacturers, distributors, and retailers accountable for the products they produce and sell.
In this guide, we will provide a comprehensive overview of Georgia’s product liability laws, including the types of product defects that can lead to liability, the legal theories that support product liability claims, and the defenses that defendants may raise in response to such claims.
Types of Product Defects
Under Georgia law, there are three types of product defects that can lead to liability: design defects, manufacturing defects, and warning defects.
- Design defects occur when the product’s design is inherently dangerous or flawed. This means that even if the product is manufactured exactly as intended, it still poses a risk of harm to consumers.
- Manufacturing defects occur when the product is made incorrectly or deviates from its intended design, making it unsafe or defective.
- Warning defects occur when a product does not contain adequate warning labels or instructions, making it difficult or impossible for consumers to use the product safely.
Legal Theories Supporting Product Liability Claims
To succeed in a product liability claim, the plaintiff must establish one of the following legal theories:
Strict Liability: Under strict liability, the plaintiff does not need to prove that the defendant was negligent or acted with intent to harm. Instead, the plaintiff only needs to show that the product was defective and that the defect caused their injuries or losses.
Negligence: Under a negligence theory, the plaintiff must show that the defendant failed to exercise reasonable care in designing, manufacturing, or selling the product, and that this failure caused their injuries or losses.
Breach of Warranty: Under a breach of warranty theory, the plaintiff must show that the defendant breached an express or implied warranty related to the safety or functionality of the product, and that this breach caused their injuries or losses.
Defenses to Product Liability Claims
Defendants in product liability cases may raise several defenses, including:
Assumption of Risk: If the plaintiff knew or should have known of the risks associated with using the product and used it anyway, the defendant may argue that the plaintiff assumed the risk of injury.
Product Misuse: If the plaintiff used the product in a manner that was not intended or reasonably foreseeable by the defendant, the defendant may argue that the plaintiff misused the product and caused their own injuries.
Comparative Fault: Under Georgia’s comparative fault law, the plaintiff’s damages may be reduced by the percentage of fault that they bear for their injuries or losses.
Product liability laws in Georgia are designed to protect consumers from dangerous or defective products. If you or a loved one has been injured or suffered losses due to a defective product, it is important to consult with an experienced product liability attorney who can help you understand your legal rights and pursue compensation for your injuries or losses.
It is worth noting that the statute of limitations for product liability claims in Georgia is generally two years from the date of injury or discovery of the injury. Therefore, it is crucial to seek legal counsel as soon as possible if you believe you have a product liability claim.
In addition, if multiple parties are involved in the production and distribution of the product, liability can be shared among them. For example, if a product was defectively designed by the manufacturer, but the defect was not discovered by the distributor or retailer, all parties involved in the chain of distribution may be held liable for the injuries or losses caused by the defective product.
To protect yourself as a consumer, it is important to be aware of product recalls and to follow instructions and warnings provided with the products. Additionally, if you believe that a product is defective or poses a danger to consumers, you can report it to the Consumer Product Safety Commission (CPSC) for investigation and potential recall.
Georgia’s product liability laws provide consumers with legal recourse in the event that they are harmed by a defective or dangerous product. Understanding these laws and working with an experienced product liability attorney can help you pursue the compensation you deserve for your injuries or losses.
The Keenan Law Firm has extensive experience in handling product liability cases and can help you with all aspects of your case. Here are some of the ways that we can help with a product liability case:
Investigating the case: The Keenan Law Firm will conduct a thorough investigation of your case to determine the cause of your injuries or losses and to identify any parties who may be liable for your damages. This investigation may include reviewing product specifications, testing the product, interviewing witnesses, and consulting with experts in relevant fields.
Building a strong case: Once the Keenan Law Firm has identified the cause of your injuries or losses and the parties who may be liable, we will work to build a strong case on your behalf. This may involve gathering evidence, drafting legal pleadings, and negotiating with insurance companies and opposing counsel.
Pursuing compensation: The Keenan Law Firm will work tirelessly to pursue the compensation you deserve for your injuries or losses. This may include seeking damages for medical expenses, lost wages, pain and suffering, and other economic and non-economic losses.
Advocating for your rights: The Keenan Law Firm will serve as your advocate throughout the legal process, keeping you informed of your rights and options and fighting to protect your interests every step of the way.
Providing support and guidance: The Keenan Law Firm understands that product liability cases can be stressful and overwhelming, and we will provide you with the support and guidance you need to navigate the legal process with confidence and peace of mind.
The Keenan Law Firm has the knowledge, experience, and dedication needed to help you pursue justice and compensation in a product liability case. If you or a loved one has been injured or suffered losses due to a defective or dangerous product, do not hesitate to contact the Keenan Law Firm for a consultation.