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Frequently Asked Questions About Georgia Product Liability


April 01, 2018

Georgia Products Liability Lawyers with Montlick & Associates, Attorneys at Law Answer Frequently Asked Questions

Product liability law in Georgia can be a complex area of practice. Both federal and state laws intersect in product liability claims. Knowing and understanding federal and state laws are a challenge. Additionally, products liability cases often require the testimony of expert witnesses who must explain what happened and why the product caused an injury to the victim.

What is Georgia Products Liability Law?

Products liability law in Georgia has its origins in the Georgia Code. Section 51-1-11 of the Georgia Code delineates Georgia's product liability law. Section 51-1-11 permits an injured plaintiff to sue any entity in the chain of production of the item. The manufacturer of a product, as well as distributors, wholesalers, and retail sellers, can be liable for injuries caused by the product itself.   

Generally, Georgia personal injury plaintiffs must prove that a defendant was negligent in order to obtain a monetary recovery. However, in a products liability claim, proving negligence is not always necessary. Alternatively, plaintiffs can prevail by showing that the product left the hands of the manufacturer/distributor in a defective state before going to the consumer.  

For the plaintiff to win, the plaintiff may use of or more of the theories of liability. Theories of Georgia products liability are:

  • The manufacturer failed to warn about a possible but non-obvious danger,
  • The manufacturing process was defective, or
  • The product was defectively designed.

More than one theory could be available to the plaintiff depending on the facts of the case. The plaintiff must often call an expert witness to explain to the judge or jury how the product was defective and how the defect caused the plaintiff's injuries.

How Much Time Do I have to File My Products Liability Claim in Georgia?

Georgia Code Section 51-11-1 generally imposes a ten-year statute of limitations on products liability cases. There are exceptions carved out in the statute, so if you believe you have been injured by a defective product in Georgia, be sure to contact one of our attorneys who can advise you as to your legal rights and options.

What Damages Could I Receive if I Win My Georgia Products Liability Case?

A statute governs damages in Georgia products liability cases. The relevant laws may be found in Georgia Code Section 51-12-1. According to Georgia law, you can receive the following types of compensation for your injuries, including:

  • Medical bills,
  • Future medical costs,
  • Lost wages,
  • Loss of economic advantage,
  • Pain and suffering, and
  • Punitive damages depending on the egregiousness of the defendant’s conduct. 

What Kinds of Products Liability Cases Does Montlick & Associates Handle?

Montlick & Associates Georgia products liability lawyers pursue ALL types of cases involving defective products, including:

  • Defective consumer products,
  • Defective medical devices,
  • Dangerous or defective drugs,
  • Automobile recalls, and
  • Cases involving consumer products known to cause cancer.

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Put Our Law Firm's Over 36 Years Of Legal Experience To Work For Your Case!

If you have been injured because of a defective product, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 36 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at https://www.montlick.com and use our Free Case Evaluation Form or 24-hour live chat.

Source: https://www.justia.com/products-liability/

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.