Product Liability Claims in Georgia WWW.LAWYER-MONTHLY.COM 29 use. For example, in the automotive industry, a design defect might manifest if a car’s roof cannot withstand the vehicle’s weight during a rollover, making it unsafe for its foreseeable use. Manufacturing defects are less common and occur when a product has a sound design, but the manufacturing process introduces flaws that make the product dangerous. For instance, a manufacturing defect in tire production could result in flaws that make the tire more likely to blow out. It basically results in the product being sold in a condition that the manufacturer didn’t intend. Can a product manufacturer be held liable for its failure to warn about the dangerous properties of its product? A product can also be defective because it has inadequate warnings. There are two key scenarios in which this liability can arise. 1. Failure to provide a proper warning: In this situation, the manufacturer is aware of a potential danger or risk associated with the intended use of the product but fails to provide clear and prominent warnings. If a warning certain exceptions, including reckless design decisions or failure to warn. What is the difference between a manufacturing defect and a design defect? A design defect arises out of the product design, emphasizing that the product was designed in a way that renders it dangerous for its intended To begin this interview, could you please provide an overview of the legal framework for product liability in Georgia? What are the key laws and regulations that govern product liability? In Georgia, there are two types of product liability claims: strict liability and negligence. Strict liability is governed by statute, while negligence operates under common law. The proof of both claims is similar. The Georgia Supreme Court set out a list of non-exhaustive risk-utility factors to consider in its seminal 1994 decision Banks v. ICI Americas, Inc. Those include the usefulness of the product, likelihood of the danger, the state of the art at the time of manufacturing, awareness of risks, and the feasibility of alternative designs. The primary distinction between strict liability and negligence-based product liability claims is when the claims may be brought. In Georgia, strict liability claims are barred if the case is filed more than 10 years after the product’s first sale. A strict liability claim can be barred even before an injury occurs. Negligence claims, however, can still be brought after the 10-year threshold if they meet The primary distinction between strict liability and negligencebased product liability claims is when the claims may be brought.
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