Product liability lawsuits were created to hold distributing and manufacturing companies responsible for damages that are the result of dangerous or defective products. All companies are required by law to hold high standards of care for their consumers, which means they need to ensure that their products are safe to be used for the purposes intended. Failure to create a product that is safe, either through design, testing, or failure to implement warning labels, could constitute negligence. While product liability laws differ by state, here are some of the things you should know about product liability in the state of Georgia.
Product Liability Statutes in Georgia
Georgia code explicitly details the state’s product liability laws. In Georgia, the injured parties will not need to prove that they actually purchased the defective product in order to file a lawsuit. You can also file a lawsuit on behalf of a loved one if they were injured from a defective product that they borrowed from a friend.
In order for the courts to rule in favor of the plaintiff, the following will have to be proven in a product liability lawsuit:
- The product was defective at the time of the injuries.
- The defective product caused the injury or death to the person.
- The item was in the same condition when the incident occurred as it was when it left the manufacturer.
- The plaintiff only used the product as it was intended by the manufacturer.
Types of Product Defects
In Georgia, there are three main types of defects that can result in product liability lawsuits.
- Design Defect: This is when the designers of a product make a mistake that creates a product that is inherently unsafe by design.
- Manufacturing Defect: In this situation, the design of the product was safe, but a mistake occurred during the manufacturing process of the product that resulted in a product that was dangerous or defective.
- Warning Defect: This occurs when the manufacturer of a product fails to label the product with appropriate warning labels or instructions that could prevent foreseeable harm.
If a product contains at least one of these types of defects, the injured consumer will likely not have to prove negligence. It will typically be enough to show that the defect existed and that it was the cause of the injuries. However, some product liability lawsuits do require fault to be proven based on breach of warranty or negligence.
Contact an Experienced Personal Injury Attorney Today
It is important to contact an experienced personal injury attorney as quickly as possible if you have been injured by a defective product because there is a deadline for filing such a claim. In Georgia, an injured consumer has two years to file a lawsuit relating to a defective product, or four years if the defective product only resulted in product damage.
If you or your loved one has been injured by a dangerous or defective product, contact the attorneys at Tyler Moore Law today to schedule a consultation. Let us ensure that your rights are protected and you get the compensation you deserve.