Georgians use a wide range of products daily, from koozies to keep sweet tea cold to prescription drugs to protect themselves from the infamous Georgia pollen. You can claim product liability if these products—or others—damage your property or cause you harm. If a defective product hurts you, you might be entitled to compensation.
Have you been injured by a defective product? Contact Ali Awad, ‘the CEO Lawyer,’ and his team of experienced personal injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling (470) 323-8779 or contacting us online to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.
Product Liability in Georgia
You must prove the following in a lawsuit for product liability in Georgia:
- When the product left the manufacturer’s control, it was flawed.
- The flaw in the product caused injuries to a person or property.
A product is considered excessively dangerous if the risks related to its design outweigh its benefits. In addition, courts frequently consider whether the maker could have used a secure alternative design if one existed.
The defense contends that even when a product was designed to be safe, production errors led to a dangerous final product, even when the product was supposed to be safe.
The product’s creator may also be accused of owing it to the general public to warn them of any potential risks linked with regular use. This commitment applies to all users, consumers, and purchasers and endures long after the product has been sold.
Defective Product Law in Georgia
According to defective product law in Georgia, injuries that occur more than 10 years after the product was initially made available for use or consumption are not entitled to compensation. This standard does not apply to allegations that a maker failed to provide enough warning; rather, it only applies to strict liability claims and specified categories of negligence claims.
Keep in mind that new legislation can change state laws at any time, including, but not limited to, rulings by higher courts (including federal rulings), voter initiatives, and other means. Therefore, despite best efforts to provide the most up-to-date information, you should still consult a lawyer or conduct your own legal research to verify the state law(s) that apply to you.
Total Damages
Georgian law limits damages in product liability cases. The modified comparative negligence rule states you cannot receive damages if you contributed 50% to the injuries or property damage. You may still be eligible for damages if you were only partially at fault, but the amount of damage will be reduced in line with your proportion of fault. A $100,000 settlement would be reduced by $40,000 if you were 40% at blame.
A product liability case could not be filed in Georgia under a distinct economic loss rule if just the product itself suffered damage— meaning nobody else was injured and any other property was spared. Georgia law, however, makes an exception for sudden and catastrophic circumstances that heighten the risk of injury to people or other property. In addition, there is yet another exception, which occurs when a buyer relies on false information.
Get Legal Help for Your Product Liability Issue in Georgia
If you were harmed by a defective product, the maker or seller should be held accountable and should help cover your damages. Contact a local product liability attorney who is familiar with Georgia law and can explain how it applies to your specific case if you would like further information.
Overview of Georgia’s Product Liability Laws
After purchasing the unsafe or defective items, you could be qualified to file a product liability claim against the company that produced or delivered them. Under Georgia’s strict product liability legislation, consumers who sustain injuries while using a defective, unchanged product per the manufacturer’s instructions may be eligible for compensation. Product liability cases can present problems with production, design, or warnings.
Product liability refers to a company’s legal obligation to stop selling consumers defective or hazardous products. Product liability laws demand that products marketed to consumers meet strict standards of care. A product’s standard of care breach may be attributable to any parties involved in the production process. Because there is no federal law governing product responsibility, it is up to the states to set the criteria for determining liability in court.
A defendant is only responsible if the consumer utilized the product in a way that the manufacturer or seller should have known was likely to happen. The user must have used the product in a way that the manufacturer intended or that the defendant could reasonably have anticipated when the injury occurred.
The product cannot have undergone any alterations since being purchased by the customer. Georgia’s strict liability rules lessen the burden of proof to establish a defendant’s liability. The plaintiff does not have to prove manufacturing negligence in a strict liability case. To hold the defendant accountable, the plaintiff need only show that the unaltered product hurt them. Even when manufacturers carefully abide with all standards, consumers’ injuries are still their responsibility.
How Long Do I Have Before I May File a Product Liability Lawsuit?
Injury victims in Georgia have two years to file a personal injury case associated with a defective product, as per Georgia’s statute of limitations. The consumer has up to four years if the faulty item solely resulted in property damage. Georgia’s statute of repose sets a 10-year deadline for all product liability claims unless the maker failed to provide foreseeable risks with enough warning.
Can I Sue a Company for Product Liability on Behalf of a Family Member in Georgia?
When a product hurts a person, the victim’s family may bring a lawsuit on their behalf. Georgia permits a person to file a lawsuit even if they were injured while utilizing a loaned item they had not purchased.
What Can Damages in a Product Liability Lawsuit Cover?
The following can be included in product liability lawsuit damages:
- Medical costs
- Pain and suffering
- Mental anguish
- Damage to property
- Lost income
- Rehabilitation
- Permanent deformity
- Punitive harm
Georgia Product Liability Lawyer
Call Ali Awad, ‘the CEO Lawyer,’ and his experienced team of personal premises liability attorneys today to receive a free, no-obligation consultation. We can assist you with exploring your legal options and avenues to ensure that you receive the compensation you deserve. Contact the CEO Lawyer Personal Injury Law Firm by calling (470) 323-8779 or contacting us online. If we take your case, you won’t pay anything until we win.
