When someone gets hurt by a product they trusted—something as simple as a car part, a household item, or a medical device—it can turn life upside down. No one expects to be injured by a product they bought in good faith. But when that happens, the people behind that product—manufacturers, sellers, and distributors—need to be held responsible.
Georgia Product Liability Lawyer
At McArthur Law Firm, our legal team doesn’t back down from big companies or complex cases. We stand up for people who’ve been wronged and fight to hold those responsible accountable.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
Types of Product Liability Cases
Design Defects — This type of defect means a product is inherently dangerous due to the way it was planned or engineered, not because it was poorly made. In Georgia, under O.C.G.A. § 51-1-11, manufacturers can be held strictly liable for harm caused by unsafe designs—even if the product was made and used correctly.
The central issue is whether a safer, reasonable, and cost-effective alternative design was available that could have prevented injury. Courts assess whether the company could have feasibly made the product safer.
Examples of design defects include:
- A space heater lacking a tip-over shutoff switch, which can cause fires if it continues running after falling.
- An SUV with a high center of gravity that rolls over easily, posing risk during normal driving.
- A ladder with side rails too narrow to support average body weight, potentially causing collapse.
- A children’s toy with exposed moving parts that can pinch fingers, making it dangerous even when used properly.
- A power saw without a blade guard or automatic shutoff, increasing risk of amputations or cuts.
In such cases, the product’s construction is irrelevant if the design itself poses a preventable danger.
Manufacturing Defects — This defect occurs when a product, though safely designed, is made incorrectly due to errors during production—such as faulty materials or assembly line mistakes. These defects usually affect only a small number of units and fall under O.C.G.A. § 51-1-11, which holds manufacturers strictly liable even without negligence.
To prove a manufacturing defect, it must be shown that the product left the manufacturer’s control in a defective state and directly caused the injury. The product may look fine but can be hazardous due to hidden faults.
Examples of manufacturing defects include:
- A car tire improperly cured during production, increasing the risk of blowouts.
- A toddler’s toy with small breakable parts caused by a factory error, creating a choking hazard.
- A pacemaker or hip implant with a hidden flaw from the manufacturing process, leading to serious medical failure.
- A lawnmower missing a kill switch due to an assembly line mistake, making emergency shutdown impossible.
- A bottle of pain relievers contaminated during packaging because of a machine malfunction, risking toxic reactions.
These defects are often not apparent until an injury occurs. A skilled Georgia product liability attorney can help uncover and prove these defects.
Failure to Warn (Marketing Defects) — This type of defect occurs when a company sells a product without adequately informing users of its hidden dangers. Even properly designed and manufactured products can be unsafe if users aren’t given clear instructions or warnings. Georgia law, under O.C.G.A. § 51-1-11, requires manufacturers and sellers to warn about non-obvious risks they know—or should know—about.
This duty includes warnings about side effects, safe use procedures, and special risks to vulnerable groups like children or the elderly. If a danger isn’t obvious, companies must explain how to avoid harm. Failure to do so can lead to liability if someone gets hurt.
Examples of failure to warn include:
- A prescription drug linked to strokes that doesn’t clearly list the risk in patient information.
- A corrosive cleaning product without instructions to wear gloves or ventilate the area, risking burns or lung damage.
- A toxic weed killer without warnings to use a respirator or avoid windy conditions, leading to poisoning or lung injury.
- A power drill with strong kickback but no warning in the manual, potentially causing injuries.
- A microwave prone to overheating certain plastics but lacking clear warnings, creating fire hazards.
Companies don’t have to warn about obvious risks—like a knife being sharp—but must warn about hidden or unexpected dangers. If they fail to do so and someone is harmed, Georgia law allows victims to pursue compensation.
Types of Injuries Sustained in Product Liability Cases
Burns, Fires, and Electrocution From Faulty Devices — Defective household products and electronics are frequent causes of burns and electric shocks. Faulty wiring in space heaters, kitchen appliances, or chargers can start fires or expose users to live current. These injuries can range from minor burns to life-threatening conditions like third-degree burns or cardiac arrest caused by electrocution. Fires may also cause smoke inhalation injuries, which can permanently damage the lungs.
Choking or Suffocation From Defective Children’s Products — Poorly made or inadequately labeled toys and baby gear can put small children at serious risk. Loose parts, sharp edges, or defective designs can cause choking or suffocation. Examples include stuffed animals with plastic eyes that fall off or baby loungers that trap a child’s airway. These injuries often happen without warning and can result in long-term brain damage or sudden death.
Internal Injuries From Defective Medical Devices — Failures in certain medical devices can lead to serious problems inside the body. Defective surgical mesh, bone implants, or insulin pumps can cause bleeding, infections, or damage to nearby organs. These types of injuries are often painful and can require more surgeries to fix. Sometimes the symptoms take months or even years to appear, making diagnosis and treatment more difficult.
Amputations or Crushed Limbs From Industrial Equipment — Malfunctions in machines used in construction, manufacturing, or farming can result in severe trauma. A conveyor belt that doesn’t stop, or a press that closes without warning, can trap a worker’s hand or leg. The result may be crushed bones or even amputation. These injuries are physically and emotionally devastating, often requiring long-term rehabilitation and the use of prosthetics.
Long-Term Illnesses From Toxic Exposure — Prolonged contact with certain harmful substances found in some products can lead to serious health issues. Examples include pesticides, asbestos, certain hair or skin products, and chemical cleaners. These substances can lead to cancer, lung disease, or other chronic conditions. Unlike sudden injuries, the harm may build slowly, showing up only after repeated use or long-term contact. Many victims don’t connect their illness to the product until much later.
Injuries From Automotive Defects — Automotive defects can involve any component of a vehicle failing to function properly, leading to serious accidents and injuries. Common examples include faulty ignition switches, defective brakes, or unintended acceleration. These failures can result in head trauma, spinal cord injuries, broken bones, or fatalities. Often, the driver may not be aware of the defect until it’s too late, making these cases especially dangerous.
Injuries From Faulty Airbags and Seat Belts — Airbags and seat belts are meant to protect vehicle occupants during collisions, but when they malfunction, the results can be catastrophic. Airbags may fail to deploy, deploy too forcefully, or release shrapnel due to manufacturing defects. Seat belts may unlatch during an accident or fail to tighten. Injuries include facial fractures, chest trauma, internal bleeding, and wrongful death. These incidents often lead to massive recalls due to the sheer number of vehicles affected.
Roof Crush Injuries — In rollover accidents, a car’s roof is expected to withstand the impact and protect the passengers. However, if the roof collapses due to structural weaknesses or design flaws, occupants can suffer severe head and neck injuries, spinal damage, or death. Roof crush injuries are particularly common in SUVs and trucks and often involve complex litigation against auto manufacturers for failing to meet safety standards.
Tire Tread Separation — This occurs when the outer layer of a tire detaches from its body, usually while the vehicle is in motion. This defect can lead to loss of control, rollovers, and multi-vehicle crashes. Injuries may include whiplash, broken limbs, traumatic brain injuries, or fatal accidents. Often, these defects stem from poor manufacturing processes, inadequate quality control, or the use of expired rubber during production.
Identifying Who Can Be Held Responsible in Product Liability Cases
The Manufacturer — In Georgia, the primary party responsible for a defective product is usually the manufacturer. This includes companies that design, produce, assemble, or package a product. Under O.C.G.A. § 51-1-11(b)(1), a manufacturer is strictly liable if a product is sold in a condition that is not merchantable or reasonably suited for its intended use, and that condition is the proximate cause of injury or damage. This strict liability applies whether the defect results from a flawed design, a mistake during manufacturing, or the absence of necessary warnings or instructions. Importantly, the injured party does not need to prove negligence; liability is based on the existence of the defect and the harm it causes.
The Retailer or Distributor — Retailers and distributors who sell defective products are generally not held strictly liable under Georgia law. However, an exception exists when the manufacturer cannot be brought before a Georgia court—for example, when the manufacturer is based outside the United States. In such cases, the injured person may pursue a claim against the seller under O.C.G.A. § 51-1-11(b)(1). Whether a seller is liable depends on their role in the chain of distribution and whether the plaintiff has a reasonable ability to reach the manufacturer through legal proceedings. While strict liability is limited in this context, negligence-based claims against sellers may still apply depending on the circumstances.
The Installer or Third-Party Assembler — Even when a product is safe as manufactured, it may become dangerous if it is improperly installed or assembled by a third party. Contractors, service technicians, or other parties who handle installation can be held liable for injuries caused by their mistakes. Georgia law supports claims against third parties when their negligent conduct contributes to the injury. In such cases, the injured party must show that the third party’s actions were a proximate cause of the harm, and liability will depend on the facts surrounding the installation or modification of the product.
The Online Seller or Marketplace — Online platforms such as Amazon or eBay raise unique questions under Georgia product liability law. Under O.C.G.A. § 51-1-11.1, a product seller is not considered a manufacturer and is not strictly liable as one. This means that online marketplaces are generally not responsible for defective products sold through their platforms unless they were directly involved in manufacturing or designing the product.
Strict Deadlines in Product Liability Cases
Georgia law gives a limited amount of time to file a product liability claim. Generally, an injured person must file a lawsuit within two years of the injury, which is the statute of limitations for personal injury claims in Georgia under O.C.G.A. § 9-3-33. In addition, there’s a separate rule called the statute of repose under O.C.G.A. § 51-1-11(b)(2), which says that no product liability case can be filed more than 10 years after the product was first sold, no matter when the injury happened. There are a few narrow exceptions, but they are rare. This hidden deadline makes it critical for injured people to speak with a lawyer as soon as they suspect a product may have caused their harm.
What a Georgia Product Liability Lawyer Does
A Georgia product liability lawyer helps people who are hurt by dangerous or defective products take legal action under state law. These cases often involve large companies and technical evidence, so having a lawyer who understands O.C.G.A. § 51-1-11 is important. The lawyer’s job is to guide the injured person through the legal process and fight for fair compensation.
The lawyer starts by investigating how the product failed. This includes reviewing medical records, examining the product, interviewing witnesses, and working with experts to prove it was defective. They must also show that the defect directly caused the injury.
Georgia law allows victims to bring claims without proving negligence, but the lawyer still needs strong evidence to meet the legal requirements. That means preparing the case carefully and pushing back when the company or its insurer tries to deny responsibility.
A product liability lawyer in Georgia will also handle all negotiations and court filings. If a settlement isn’t fair, the lawyer can take the case to trial.
Victims may be able to recover money for medical bills, lost income, pain and suffering, and future care needs. The goal is to hold the company accountable and help the victim move forward.
Common Questions People Ask About Georgia Product Liability
What counts as a defective product in Georgia?
A product that’s unsafe because of its design, how it was made, or missing warnings.
Can someone sue if they didn’t buy the product themselves?
Yes. Anyone injured by the product may be able to bring a claim.
What if the product was used the wrong way?
If the use was foreseeable, the injured person may still have a valid case.
Is the company always at fault for a defect?
Not always. It depends on the type of defect and the facts of the case.
What if the product is still in my home? Should I keep it?
Yes. Keeping the product can help prove the claim.
How long does someone have to file a product case in Georgia?
Usually two years from the date of injury, under O.C.G.A. § 9-3-33.
Can parents sue if their child was hurt by a toy?
Yes. Parents can bring a claim on behalf of the injured child.
Does a person need to prove the company was negligent?
No. Georgia law allows strict liability under O.C.G.A. § 51-1-11.
How much compensation can someone get for a product injury?
It varies based on medical costs, lost income, pain, and other damages.
Does a lawyer charge money upfront in these cases?
Usually no. Most lawyers work on a contingency basis, meaning no fees unless there’s a recovery.
Additional Resources
- Georgia Attorney General’s Consumer Protection Division — This source is the official website of the Georgia Attorney General’s Consumer Protection Division. It explains how the state protects consumers and businesses from unfair or deceptive practices. Visitors can learn how to file complaints, read about consumer rights and laws like the Lemon Law, and sign up for consumer alerts.
- C.G.A. § 51-1-11 – Georgia General Assembly — This is Georgia’s official law outlining product liability rules. It details who can sue a manufacturer, time limits for filing claims, and specific exclusions. It helps readers understand the rights of people injured by defective products and the legal standards manufacturers must follow in Georgia.
- Consumer Product Injuries – National Safety Council — This page provides statistics on injuries related to consumer products in the U.S. It includes data trends by age group, product type, and year. Users can learn how many people are treated in emergency rooms for product-related injuries and see which products cause the most harm.
- Product Recalls in the United States – Statista — This source gives statistical data and trends on product recalls in the U.S. It includes recall numbers by year, product type, and manufacturer. The site also covers costs, civil penalties, and insurance statistics linked to product recalls.
Hire a Product Liability Attorney in Dekalb County, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
