When a product that you purchase is faulty, and its faulty operation causes injury or damage to your property, you may be entitled to bring a type of personal injury lawsuit to receive compensation.
The company that manufactured the product may be liable to you for damages.
In order to prevail in a product liability lawsuit in Georgia, it is important to understand the different laws under which you can bring such a lawsuit.
Under the strict liability theory of defective product law, the plaintiff is not required to prove fault on the part of the behalf of the defendant. You will have to demonstrate the following:
If you can demonstrate these 4 elements with substantial proof, then it is more likely you will prevail in your Georgia products liability lawsuit.
Georgia product liability law is codified in O.C.G.A § 51-1-11. Here you will find all the inner workings of the law and some specific rules that must be understood when bringing suit in the products liability realm. Under this section of the Georgia tort law, the statute describes a number of important governing provisions for product liability.
For example, privity is not required in product liability actions. This means that no contractual relationship is required between the manufacturer and the injured party. Put differently, the person who was injured by the product can be your spouse or child and you can still bring a suit against the manufacturer as the purchaser.
The statute also dictates important time limitations, which typically bar lawsuits after 10 years from the date of the first sale for use or consumption, except in certain circumstances. You may require the assistance of a lawyer in order to fully understand what you are reading.
Consulting with an attorney who is well-versed in this particular type of law will give you access to greater understanding of whether you have a case, given your particular set of circumstances since every product liability case in Georgia is unique and requires specialized knowledge.
If you have become injured or sustained property damage due to a defective product and want to find out if you have a case, sit down and speak to one of our team members at Westmoreland Law today to find out what your options are.
Once again, Westmoreland Law has been recognized by its peers as part of an elite group of approximately 10 percent of all attorneys who hold an AV Preeminent Rating. An AV Preeminent Rating is a designation trusted worldwide by buyers and referrers of legal services.
