When a defective product causes a serious injury, an Atlanta product liability lawyer has to look at how the item was designed, manufactured, marketed, sold, distributed, and used. That investigation matters because responsibility may extend well beyond the business that sold the product.
McArthur Law Firm has represented injured Georgians for 44 years, and our eight attorneys work statewide from offices in Atlanta, Macon, and Kathleen. When you need a defective product attorney in Atlanta, GA, our team can walk you through how Georgia law treats these cases.
Reach our Atlanta office at 404-565-1621 to schedule a free case evaluation.
Call Us Now for a Free Consultation!
When Does a Defective Product Become a Legal Claim?
A defective product becomes a legal claim in Georgia when the defect causes bodily injury or other recoverable losses and the evidence ties that defect to a responsible company.
Our attorneys sort each product liability claim in Atlanta into one of three defect types, and each type requires different proof.
Design defects
A design defect involves the product as it was conceived and engineered. The flaw arises because the design inherently creates an unreasonable risk when the product is used as designed for or in a reasonably foreseeable manner. Our investigation then asks whether a safer design was feasible without compromising the product’s intended use.
Manufacturing defects
A manufacturing defect involves a particular product departing from its intended design during production. The overall product line may be safe, but one unit or a group of units may have been improperly assembled, contaminated, weakened, or otherwise altered during manufacturing.
To prove this, we gather evidence such as production records, quality-control documents, inspection records, photographs, repair histories, and the product in question.
Warning and instruction defects
A product can also present a liability issue when warnings, labels, or instructions fail to communicate a significant danger or explain how the product should be used safely. A warning case may require looking at what the manufacturer knew or should have known about the risk and what information was provided to the consumer or user.
Under Georgia’s product liability statute, O.C.G.A. § 51-1-11, a manufacturer can be strictly liable when a product was not merchantable, meaning fit for ordinary sale and use, and reasonably suited to its intended use when the manufacturer sold it. Strict liability means the injured person does not have to prove the manufacturer was careless; the focus shifts to the condition of the product itself.
Were you injured by a product in Atlanta? Call our team at 404-565-1621 so we can discuss the circumstances with you.
Who Can Be Held Responsible for a Defective Product in Atlanta?
Responsibility for a defective product in Atlanta can fall on the manufacturer, a component maker, a distributor, a retailer, or a company that modified or installed the product.
Strict liability under Georgia law generally reaches the manufacturer. Distributors and retailers can also face claims, but O.C.G.A. § 51-1-11.1 provides that a product seller is not liable as a manufacturer, so their responsibility usually rests on ordinary negligence, such as knowing about a defect and selling the product anyway.
Depending on the circumstances, potential defendants can include:
- Manufacturers: The company that designed or built the product may be responsible when the defect causes injury.
- Component manufacturers: A finished product may contain a defective part made by a different company.
- Distributors and suppliers: Businesses that moved a defective product into commerce may be responsible, depending on their conduct.
- Retailers and sellers: A seller may be liable when its own conduct contributed to the injury.
- Companies that modified or installed the product: A product may have been altered, assembled, or installed incorrectly before the accident.
That chain of distribution is exactly where an Atlanta case tends to get more complicated than one in a smaller Georgia market. The metro area is a major freight and logistics hub, with fulfillment centers spread along the interstate network. A product bought at a store in Sandy Springs or ordered online for delivery to Midtown may have moved through several corporate hands before it ever reached the person who got hurt.
At McArthur Law Firm, we look beyond the most obvious company name and trace the product’s history. That can mean examining purchase records, manufacturing information, warnings, maintenance documents, contracts, and other evidence to determine which parties may have legal responsibility.
Not sure which company is responsible for your injury? Call our Atlanta office at 404-565-1621 to speak to an Atlanta product liability lawyer.
Defective Products Our Atlanta Attorneys Handle
Product liability cases are not limited to household purchases. Our Atlanta attorneys may encounter claims involving:
- Commercial vehicles and vehicle components
- Construction equipment
- Industrial machinery
- Power tools and equipment
- Electrical products
- Medical devices
- Household appliances
- Consumer electronics
- Lithium-ion battery devices
- Children’s products such as cribs, car seats, and toys
- Products used in warehouses and distribution operations
A construction equipment case may require job-site records and maintenance documentation. A commercial vehicle case may involve inspection and repair histories. A medical-device case may require an examination of treatment records and the device’s history.
If you were injured by equipment or a product at work, on the road, or at home, tell our attorneys what happened.
What Is the Most Important Evidence in a Product Liability Case?
The product itself is often the most important evidence in a product liability case. In a car wreck case, by comparison, key evidence usually includes the police report, vehicle damage, photographs, crash data, and witness accounts.
That makes preservation a priority from the beginning. Once the original product is repaired, altered, returned, or discarded, an attorney and a qualified engineer may lose the opportunity to examine the condition that existed when the injury occurred.
Before you return or dispose of the product:
- Keep the product in its post-incident condition
- Preserve the packaging and paperwork
- Photograph the product, accident scene, visible damage, and injuries
- Record identifying information such as the model, serial number, and lot number
- Save emails, text messages, return requests, warranty communications, and messages from the manufacturer or retailer
Still have the product that caused your injury? Do not send it back or throw it away before speaking with our attorneys. Call McArthur Law Firm today for legal guidance on what to do.
How Does a Recall Affect Your Case?
A product recall can be significant evidence when we investigate a defective-product claim. A recall may identify a known hazard and can lead us to examine what the manufacturer knew, when it knew it, and what action it took.
Consumer product recalls and the hazards behind them are posted by the U.S. Consumer Product Safety Commission, which also takes public safety complaints through SaferProducts.gov. Vehicle, tire, and car seat recalls appear in NHTSA’s recall database, and the most serious medical device recalls are posted by the U.S. Food and Drug Administration. Those listings help show whether the product involved in an injury matches a recalled product.
However, a recall is not automatic proof of liability. We still need to establish that the product involved in your case was affected, that the condition identified in the recall is relevant to your accident, and that the defect or other actionable conduct caused your injury. Timing matters too, because a recall issued after an accident may raise different questions than a warning or recall issued before it.
If the product was recalled, tell our attorneys when you call so we can examine what the recall means for your case.
Georgia Product Liability Time Limits
Timing can become a serious issue in a Georgia product liability case because more than one deadline may apply.
Most personal injury claims in Georgia must be filed within two years after the right of action accrues, which usually means the date of the injury, under O.C.G.A. § 9-3-33, subject to exceptions under Georgia law.
Product liability claims against manufacturers can also be subject to a statute of repose, a fixed outer deadline that runs from the product’s first sale rather than from the injury. Under O.C.G.A. § 51-1-11(b)(2), a strict product liability action generally cannot be commenced more than 10 years after the product’s first sale for use or consumption.
The 10-year provision has statutory exceptions, including the manufacturer’s continuing duty to warn, claims involving products that cause a disease or birth defect, and conduct showing willful, reckless, or wanton disregard for life or property. The precise legal theory, therefore, matters when calculating the applicable deadline.
Reach out to our attorneys so we can examine the dates and circumstances.
How McArthur Law Firm Handles Serious Product Injury Cases
At McArthur Law Firm, our eight attorneys handle serious personal injury litigation as a team across three Georgia offices in Atlanta, Macon, and Kathleen, backed by 44 years in practice. Our Atlanta office carries a 4.6-star rating across 48 Google reviews.
Katherine (Kathy) L. McArthur, our founder, is a trial attorney whose litigation background is particularly relevant to cases involving serious injuries, transportation, and complex evidence.
Kathy is one of fewer than 10 attorneys in Georgia board-certified in Truck Accident Law by the National Board of Trial Advocacy. That distinction is particularly relevant when a product injury involves commercial transportation, vehicle components, or other equipment used in trucking and logistics.
Our attorneys keep caseloads deliberately limited so a named attorney, not a rotating case manager, handles the file. That attorney knows the details of your case and can shape the legal strategy around them.
If you are evaluating whether a defective product case should be pursued, talk with our attorneys before important evidence disappears. Atlanta clients can reach us at 404-565-1621.
Call Us Now for a Free Consultation!
FAQs: Atlanta Product Liability Lawyer
These are some of the questions that come up once someone realizes a product caused their injury.
Can I file an Atlanta product liability claim if I did not purchase the product?
The fact that someone else purchased the product does not automatically prevent a claim. The legal theory, the injured person’s relationship to the product, and the circumstances of the injury all matter. Our attorneys can review how you came into contact with the product and determine what legal claims may be available.
What if I already threw away the product or its packaging?
A claim can still move forward after the product or its packaging was thrown away, although it may be harder to build. Our attorneys can evaluate the evidence that remains, such as photos, receipts, medical records, and the retailer’s own sales records.
Can I sue if I bought the product from a third-party seller on Amazon or another online marketplace?
You may be able to sue, but who you can sue depends on the specific facts, including whether the platform stored, shipped, or handled payment for the item. Because this area of Georgia law is still developing, we look closely at the exact facts of the sale before identifying the claims.
What if I were using the product in a way it wasn’t strictly meant for?
A claim involving unintended use depends on how foreseeable that use was, because manufacturers are generally expected to anticipate common, foreseeable misuse of their products. Unforeseeable misuse can weaken a claim, but “not exactly as instructed” and “unforeseeable” are not the same thing. Our attorneys can review that distinction in your case.
Can my family bring a claim if a defective product caused a death?
When a faulty product causes a fatal injury, the surviving family may have claims under Georgia’s wrongful-death laws in addition to other potential claims. These cases require a separate analysis of liability, damages, beneficiaries, and applicable deadlines. Our attorneys can discuss the circumstances confidentially and explain what legal claims and remedies may be available.
Talk With Our Atlanta Product Liability Attorneys
Founding Partner
A defective product investigation can change substantially in the first few days and weeks after an injury, while the product still needs to be preserved, records collected, other companies identified, and deadlines calculated.
At McArthur Law Firm, we offer free consultations in Atlanta and are available 24/7 to discuss potential claims. Call 404-565-1621 to speak with an Atlanta product liability lawyer about what happened, what evidence remains, and what should happen next.
Call Us Now for a Free Consultation!
McArthur Law Firm – Atlanta Office
55 Ivan Allen Jr Blvd NW, Suite 840
Atlanta, GA 30308
Phone: 404-565-1621
