Product liability and dangerous and defective product injuries

Product liability and dangerous and defective product injuries

Georgia’s product liability law is generally grounded in O.C.G.A. § 51-1-11 which imposes liability upon manufacturers of dangerous and defective products.  As it pertains to manufacturers of goods, Georgia law essentially recognizes three (3) categories of defect – manufacturing defects, design defects and warning defects.

An example of a manufacturing defect is a rat sealed in a soda bottle (the specific soda is defective because, unlike other sodas, it has a foreign object in it).  An example of a design defect could be an entire line of electric saws designed and manufactured without a safety guard element.  In essence, the whole production line of that type of saw (not just a single faulty saw) is dangerously designed and, therefore, defective.  Finally, the production of a poison packaged in a bottle that looks like a soda could constitute an example of a warning defect because, in the absence of a warning, a consumer could reasonable mistake the poison for a beverage and accidentally drink it.

Specific types of products which may be defective include, but are not limited to, motor vehicles, motor vehicle tires and parts, medical devices, pharmaceutical drugs, beauty aids, chemical products, tools, appliances, work and recreational machinery and vehicles, toys, food/beverages, etc.

Under Georgia law, the imposition of liability upon manufacturers for harm caused by dangerous and defective products occurs in different ways.  In cases of manufacturing defects, Georgia imposes liability which is “strict” in that responsibility for damages can be imposed upon a manufacturer without proof of negligence.  However, with regard to design defects and warning defects, a manufacture must be proven to be negligent or unreasonable in its conduct.

Liability for injuries sustained due to dangerous products extends beyond just product manufacturers.  Depending upon the circumstances of a case, other parties besides manufacturers, like sellers of dangerous products, can be held liable for consumer damages under various warranty theories (such as breach of express warranty, implied warranty, implied warranty of merchantability and implied warranty of fitness for a particular purpose).  Liability can also attach due to the acts and omissions of ostensible manufacturers, assemblers, component part manufacturers, raw material suppliers, etc.

Through the years, The Dow Firm, P.C. has secured favorable results in product liability cases for its clients against domestic and foreign manufacturers and sellers of consumer products.