Understanding Georgia’s Strict Product Liability Laws
Posted on Friday, May 29th, 2020 at 5:41 am
When you purchase a product, you expect that it will work safely and as intended. If you or a loved one is injured by a defective product, you may have a claim for compensation against the manufacturers of that product. In enforcing these strict liability laws, Georgia takes claims of defective products seriously. To learn more about your legal options after being injured by a defective product in the Atlanta metro area, call or contact the law offices of Jonathan R. Brockman, P.C. today to schedule a free evaluation of your case.
What is Strict Liability?
Under strict liability laws, the manufacturer or designer of a product can be held liable for injuries caused by their defective product even if they had no knowledge that the product was harmful. The victim in a strict products liability case does not have to prove that the designer or manufacturer was negligent, only that the defective product caused injuries. Product liability claims typically involve one of three main types of defects: design defects, manufacturing defects, and a failure to warn.
Design defects occur when the overall design of the product is defective in some way that causes injuries to consumers. A manufacturing defect means that the design of the product is fine, but that a mistake in its manufacture led to injuries when the product was used. A failure to warn claim refers to errors or omissions in the product’s warning label about foreseeable harms that caused injuries when a consumer thought that they were using the product properly.
However, it is important to note that victims of defective product accidents only have a small window in which to file a claim for damages. Under Georgia law, a strict products liability lawsuit must be filed within two years for personal injuries and within four years for property damage. Furthermore, in no case can a claim be filed more than 10 years after the accident, even if the injuries from the defective product were not discovered until much later.
Compensation for Product Liability Cases
Victims injured by a defective product are able to collect economic and noneconomic damages for the harm caused by a defective product. Economic damages include all out of pocket expenses caused by the accidents, including medical bills, property damage, lost wages, and the loss of future income and benefits. Noneconomic damages compensate the victim for pain and suffering, emotional distress, loss of enjoyment of life, disability, and disfigurement.
In the worst cases of defective products, where the injuries to the consumer are fatal, the family of the victim can also seek compensation in the form of a wrongful death case. This includes damages for all final medical expenses, funeral and burial costs, and compensation for the loss of love, guidance, support, and companionship. Talk to an experienced Georgia products liability attorney today to learn more about whether you can file a strict products liability claim for your injuries.
If you or someone you know has been injured by a defective product in the Atlanta area, call or contact the law offices of Jonathan R. Brockman, P.C. today to schedule a free consultation.