In the state of Georgia, there is no cap on the amount of compensatory damages that may be awarded in a product liability claim. While there may not be a cap, the injured party will typically only be able to recover the same amount of money that they have already lost and are expected to lose in the future due to their injuries. Damages such as pain and suffering do not have a cap because it is hard to assign a specific dollar figure to those losses.
However, Georgia is a comparative negligence state. Because of this, damages in product liability claims may be reduced or limited. Under Georgia comparative negligence laws, if the injured person contributed to his or her own injuries, the amount of damages that the injured victim could be awarded may be reduced by his or her own percentage of fault.
For example, a man claims he was injured by a defective tire. However, if he was speeding excessively at the time of his accident, he could be considered partially at fault for the accident. If the court awards him $1 million in damages, but decided that he was 40% responsible for his injuries, his award would be reduced to $600,000.
Georgia law also does not limit the amount of punitive damages that may be awarded in a product liability case. Because these damages are meant to be a punishment for the defendant, 75% of punitive damages in a product liability claim in Georgia goes to the state of Georgia and the other 25% is given to the injured party.