Holding Manufacturers Accountable for Defective and Dangerous Products in Columbus, Georgia
You bought a product you trusted. Maybe it was a car with defective airbags, a child’s toy that contained toxic materials, a tool that malfunctioned and caused injury, defective medical equipment, a household appliance that caught fire, or a prescription drug with dangerous side effects the manufacturer knew about but hid from the public. You used the product exactly as intended, following all instructions and warnings. Then the product failed, malfunctioned, or broke in a way it never should have. You were seriously injured, or someone you love was hurt or killed. Now you are dealing with medical bills, lost work, pain, and the devastating realization that this never should have happened.
When a defective product injures you, it is not your fault. Manufacturers, distributors, and retailers have a legal duty to ensure the products they sell are safe for consumers. When they cut corners, ignore safety testing, hide known defects, or rush dangerous products to market to maximize profits, they put people at risk. And when their defective products cause injuries, they must be held accountable.
At The Wright Legal Group, we fight for people in Columbus and across Georgia who have been injured by defective and dangerous products. We know Georgia’s product liability laws and how to prove that a product was unreasonably dangerous. We take on powerful corporations and their legal teams to demand justice for injured consumers. If you or someone you love was hurt by a defective product, we are here to help you get the compensation you deserve.
Key Takeaways
- Georgia follows strict liability for product defects, which means you do not need to prove the manufacturer was negligent, only that the product was defective and caused your injury.
- Product defects fall into three categories: design defects, manufacturing defects, and failure to warn or inadequate warnings.
- Manufacturers, distributors, and retailers can all be held liable for injuries caused by defective products.
- You have two years from the date of injury to file a product liability lawsuit in Georgia, and a ten-year statute of repose may limit claims for older products.
- We work on a contingency fee basis, so you pay no upfront fees and our fee is a percentage of your recovery.
What Is Product Liability Under Georgia Law?
Product liability is the area of law that holds manufacturers, distributors, and sellers responsible for putting defective or dangerous products into the hands of consumers. When these products cause injuries, the responsible parties can be held liable for damages.
Strict Liability in Georgia
Georgia follows the doctrine of strict liability for product defect cases. This is powerful for injured consumers because it means you do not have to prove the manufacturer was negligent or careless. You only have to prove that the product was defective, that you used it as intended or in a reasonably foreseeable way, and that the defect caused your injury.
Under O.C.G.A. Section 51-1-11, a manufacturer can be held liable when a product is sold in a defective condition unreasonably dangerous to the user or consumer, and the product reaches the consumer without substantial change from the condition in which it was sold.
This strict liability standard recognizes that manufacturers are in the best position to ensure product safety, and consumers should not have to prove what went wrong in a factory or design room to recover compensation when they are injured.
Who Can Be Held Liable?
Product liability claims can be brought against multiple parties in the supply chain.
Manufacturers
The company that designed and manufactured the product is the primary defendant in most product liability cases. This includes both the manufacturer of the finished product and the manufacturers of component parts.
Distributors and Wholesalers
Companies that distribute products to retailers can be held liable for selling defective products.
Retailers
Stores and online retailers that sell defective products to consumers can be held liable under strict liability, even if they did nothing wrong and had no way of knowing the product was defective.
Importers
Companies that import products from overseas manufacturers can be held liable when those products turn out to be defective.
What Are the Three Types of Product Defects?
Product liability cases are based on three types of defects.
Design Defects
A design defect means the product was dangerous from the very beginning, before it was even manufactured. The design itself is flawed, making every product in that line dangerous. Design defect cases require showing that a safer alternative design was feasible and would have prevented the injury without significantly increasing costs or reducing effectiveness.
Examples include vehicles prone to rollovers, tools that lack necessary safety guards, children’s toys with small parts that pose choking hazards, and furniture that tips over easily.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during the production process, causing the product to deviate from its intended design. Unlike design defects, manufacturing defects affect only some units of a product, not all of them.
Examples include contaminated food or drugs, improperly assembled machinery, products with missing safety components, and products made with substandard materials.
Failure to Warn or Inadequate Warnings
Even if a product is properly designed and manufactured, the company can be liable if it fails to provide adequate warnings about known risks or fails to give proper instructions for safe use. Consumers have a right to know about dangers associated with products so they can make informed decisions and use them safely.
Examples include prescription drugs that do not warn about serious side effects, chemicals without proper hazard warnings, machinery without instructions for safe operation, and products that do not warn about risks when used with other products.
What Types of Products Cause Injuries?
Defective and dangerous products come in many forms. Common product liability cases involve the following.
Defective Vehicles and Auto Parts
Defective tires that blow out, airbags that fail to deploy or deploy unexpectedly, brakes that fail, steering systems that malfunction, fuel tanks that rupture in crashes, seatbelts that fail, and ignition systems that shut off. These defects cause serious car accidents, truck accidents, and motorcycle accidents.
Dangerous Drugs and Medical Devices
Prescription drugs with undisclosed side effects, over-the-counter medications contaminated with harmful substances, defective pacemakers, hip replacements that fail prematurely, surgical mesh that causes complications, and medical devices that malfunction. Pharmaceutical companies have a duty to thoroughly test drugs and disclose all known risks.
Defective Consumer Products
Appliances that catch fire or electrocute users, space heaters that cause fires, children’s toys with lead paint or choking hazards, cribs that collapse, strollers that malfunction, car seats that fail in crashes, and electronics that overheat or explode.
Defective Tools and Machinery
Power tools without proper safety guards, ladders that collapse, machinery that malfunctions, equipment that lacks safety features, and tools that break during normal use.
Defective Food Products
Contaminated food, products containing allergens not listed on labels, foreign objects in food, and products that cause foodborne illness.
Defective Construction Materials
Drywall that releases toxic fumes, insulation containing asbestos, roofing materials that fail prematurely, and building materials that do not meet safety standards.
What Injuries Do Defective Products Cause?
Defective products can cause a wide range of injuries, from minor to catastrophic.
Burn Injuries
Defective electronics, appliances, and space heaters can cause fires and explosions leading to severe burn injuries that require skin grafts, multiple surgeries, and leave permanent scarring.
Traumatic Brain Injuries
Defective helmets, bicycle accidents caused by defective bikes, and products that cause falls can lead to severe brain injuries with permanent effects.
Spinal Cord Injuries and Paralysis
Defective vehicles, furniture that tips over, ladders that collapse, and other product failures can cause spinal cord damage leading to catastrophic injuries including paralysis.
Amputations
Defective machinery, power tools, and equipment can cause severe crush injuries that require amputation.
Broken Bones and Fractures
Defective ladders, furniture, sports equipment, and other products can cause falls and impacts leading to multiple fractures.
Internal Injuries
Defective vehicles and products that fail catastrophically can cause internal bleeding and organ damage.
Poisoning and Toxic Exposure
Defective household products, contaminated food, and products containing toxic materials can cause serious illness, organ damage, and death.
Wrongful Death
Defective products cause thousands of deaths every year. When a loved one is killed by a dangerous product, Georgia’s wrongful death laws allow certain family members to pursue compensation.
What Must I Prove in a Product Liability Case?
To succeed in a Georgia product liability claim, you must prove several key elements.
The Product Was Defective
You must show that the product had a design defect, manufacturing defect, or inadequate warnings that made it unreasonably dangerous.
The Defect Existed When the Product Left the Manufacturer
You must prove the product was already defective when it was sold, not that it became defective later due to misuse or normal wear and tear.
You Used the Product as Intended or in a Reasonably Foreseeable Way
You must show you were using the product for its intended purpose or in a way the manufacturer could reasonably foresee. Misusing a product in an unforeseeable way can defeat your claim.
The Defect Caused Your Injury
You must establish a direct link between the product defect and your injuries. Medical records, expert testimony, and accident reconstruction may be needed.
You Suffered Damages
You must have actual damages including medical expenses, lost income, pain and suffering, or other losses.
What Compensation Can I Recover in a Product Liability Case?
Georgia law allows product liability victims to recover full compensation for all damages.
Medical Expenses and Future Care
Emergency treatment, hospital stays, surgeries, doctor visits, physical therapy, rehabilitation, prescription medications, medical equipment, and future medical care. Product defect injuries often require extensive and ongoing treatment.
Lost Wages and Lost Earning Capacity
If your injuries keep you out of work, you can recover the income you lost. If your injuries prevent you from returning to your job or reduce your earning potential, we pursue compensation for lost earning capacity.
Pain and Suffering
Physical pain, emotional distress, mental anguish, and loss of enjoyment of life are all compensable.
Disability and Permanent Impairment
Permanent disabilities, amputations, scarring, and other lasting impairments increase the value of your claim.
Property Damage
If the defective product damaged your home, vehicle, or other property, you can recover the cost to repair or replace it.
Wrongful Death Damages
If you lost a loved one due to a defective product, Georgia law allows certain family members to recover for the full value of the life lost.
Punitive Damages
In cases involving gross negligence or willful misconduct, such as when a manufacturer knew about a defect and hid it from the public to protect profits, Georgia law allows punitive damages to punish the wrongdoer and deter similar conduct.
What Should I Do After Being Injured by a Defective Product?
The steps you take after a product defect injury can significantly impact your case.
Seek Medical Attention Immediately
Get medical treatment right away. Your health is the priority, and medical records create a direct link between the product and your injuries.
Preserve the Product
Do not throw away the defective product. Do not repair it or alter it in any way. Keep it exactly as it was after the injury. This is critical evidence. Also keep all packaging, instruction manuals, receipts, and warranty information.
Document Everything
Take photos of the product from multiple angles, showing the defect if visible. Photograph your injuries. Document the scene where the injury occurred. Keep records of where and when you purchased the product.
Report the Injury
Report the injury to the retailer where you bought the product and to the manufacturer if possible. Keep copies of all correspondence.
Check for Recalls
Search the Consumer Product Safety Commission website to see if the product has been recalled. A recall is strong evidence the manufacturer knew the product was defective.
Do Not Give Statements to the Manufacturer’s Representatives
Manufacturers often send investigators or lawyers to interview injured consumers. Do not give them any statements without talking to a lawyer first. Call us at 844-766-4534.
Call a Product Liability Lawyer
Product liability cases are complex and require specialized knowledge. Manufacturers have teams of lawyers working to minimize liability. You need experienced representation.
Frequently Asked Questions About Product Liability Cases in Georgia
- How long do I have to file a product liability lawsuit in Georgia?
A. You have two years from the date of injury to file a personal injury lawsuit under Georgia’s statute of limitations. Georgia also has a ten-year statute of repose, which means you cannot file a claim more than ten years after the product was first sold, with some exceptions. Do not wait. Call us now. - Do I need to prove the manufacturer was negligent?
A. No. Georgia follows strict liability for product defects. You only need to prove the product was defective and caused your injury, not that the manufacturer was careless. - What if I do not have the receipt or proof of purchase?
A. You can still file a claim. Georgia law does not require privity of contract, which means you do not need to prove you personally bought the product. Testimony, credit card records, or other evidence can establish you used the product. - Can I sue if I was not the person who bought the product?
A. Yes. You can file a claim even if someone else purchased the product, as long as you were injured while using it. - What if I modified the product before the injury?
A. Modifying a product can hurt your claim if the modification caused the defect or contributed to your injury. However, if the product was defective regardless of the modification, you may still have a claim. Talk to us about your specific situation. - How much is my product liability case worth?
A. It depends on the severity of your injuries, your medical costs, your lost income, whether you have permanent disabilities, and the strength of the evidence. Product liability cases can be worth hundreds of thousands to millions of dollars. Call us at 844-766-4534 for a free case evaluation. - Will my case go to trial?
A. Many product liability cases settle, but manufacturers often fight these claims aggressively. We prepare every case for trial. If the manufacturer refuses to make a fair offer, we are ready to take your case to a jury. - How much does it cost to hire The Wright Legal Group?
A. We handle product liability cases on a contingency fee basis. You pay no upfront fees, and our fee is a percentage of your recovery. We explain the fee arrangement clearly during your free consultation. - Can I join a class action lawsuit?
A. Class action lawsuits are appropriate for some product defect cases where many people suffered similar injuries. However, individual lawsuits often result in higher compensation because they account for your specific injuries and losses. We evaluate your case and recommend the best approach. - What if the product was made overseas?
A. You can still file a claim. We pursue all parties in the supply chain, including importers, distributors, and retailers in the United States.
Get Justice After Being Injured by a Defective Product
You trusted a product to be safe. The manufacturer put it on the market knowing people like you would use it. They had a responsibility to make sure it worked properly and would not cause harm. They failed. Their defective product injured you or someone you love. Now you are facing medical bills, lost work, pain, and a future that has been forever changed by someone else’s failure.
At The Wright Legal Group, we fight for people in Columbus and across Georgia who have been injured by defective and dangerous products. We take on powerful manufacturers and their legal teams. We know Georgia’s product liability laws and how to prove that a product was unreasonably dangerous. And we know how to demand maximum compensation for your injuries, your losses, and your future needs.
From the moment you call us, you are not alone. We will listen to your story, answer your questions, and give you honest advice. We will investigate the product defect, work with expert engineers and safety specialists, gather evidence, and build a case that holds the manufacturer accountable. Our goal is simple. Get you justice and the compensation you need to move forward.
You pay no upfront fees. Our fee is a percentage of your recovery. There is no risk in calling, but there is danger in waiting. Evidence must be preserved. Experts must be retained. Deadlines approach.
If you or someone you love was injured by a defective product, call 844-766-4534 today for a free consultation. Let us fight for you while you focus on healing.
