Georgia Product Liability Claims Hold Manufacturers Accountable
When a defective product causes injury, Georgia law allows victims to pursue strict liability against the manufacturer — meaning negligence does not need to be proven. The defect itself is the basis for liability. These claims are high-value, complex, and require specialized expertise.
Georgia’s Strict Liability Statute
Under O.C.G.A. § 51-1-11, a manufacturer is liable when:
- The product was defective when it left the manufacturer’s control
- The defect caused the injury
- The product was used in a reasonably foreseeable way
This applies regardless of how careful the manufacturer was — the focus is on the product, not the conduct.
Three Types of Product Defects
- Design defect: the product is dangerous because of how it was designed (e.g., SUV prone to rollover)
- Manufacturing defect: a flaw in the production of an individual unit (e.g., cracked weld on a single airbag inflator)
- Failure to warn (marketing defect): inadequate instructions or warnings about non-obvious risks
Common Product Liability Cases in Georgia
- Defective vehicle airbags, seatbelts, and roof structures
- Tire tread separations and rollovers
- Defective medical devices (hip implants, IVC filters, pelvic mesh)
- Pharmaceutical injuries
- Industrial machinery without proper guarding
- Consumer products (lithium batteries, ladders, power tools)
- Children’s products (cribs, car seats, toys)
Settlement Value Ranges
- Moderate injury: $250,000 – $1 million
- Surgical injury: $750,000 – $3 million
- Catastrophic injury: $2 million – $10 million+
- Wrongful death: $2 million – $20 million+
Punitive damages caps do not apply in product liability cases under O.C.G.A. § 51-12-5.1(e)(1), meaning awards can be substantially larger when corporate misconduct is shown.
Multiple Defendants in the Chain
- The manufacturer (primary defendant)
- Component part manufacturers
- The distributor or wholesaler
- The retailer who sold the product
- The installer or service provider
Each is potentially liable in strict liability without proof of negligence.
Evidence Preservation Is Critical
The defective product itself is the most important piece of evidence. Do not return it, repair it, or allow anyone to remove it. A spoliation letter should be sent within days. Independent expert inspection (mechanical engineer, materials scientist, biomechanical expert) often determines case outcome.
Statute of Limitations and Repose
Georgia gives 2 years to file a personal injury product liability claim. However, Georgia also has a 10-year statute of repose under O.C.G.A. § 51-1-11(b)(2) — claims brought more than 10 years after the product’s first sale to a consumer are generally barred, regardless of when the injury occurred. This deadline cannot be extended.
What to Do
- Preserve the product exactly as it was at the time of injury
- Photograph the product, the scene, and your injuries
- Get same-day medical care
- Keep all packaging, receipts, and manuals
- Send a preservation letter to the manufacturer immediately
- Consult a Georgia product liability attorney before contact with any manufacturer rep
Free Product Liability Evaluation
A Georgia product liability attorney has the experts, resources, and litigation strategy to hold manufacturers accountable. Free consultations are standard.