What damages can be recovered in a Georgia product liability lawsuit? Both compensatory and punitive damages are available in product liability cases. Compensatory damages include hard losses such as medical bills, lost wages, property damage, as well general damages for pain, suffering, and loss of enjoyment of life. They provide financial redress for the tangible and intangible impacts of the injury. Punitive damages in Georgia product liability cases are unique, though. The General Assembly capped punitive damages at $250,000 in most cases, so the jury’s decision, the defendant’s economic circumstances, and the egregiousness of its conduct don’t necessarily affect the size of a punitive damages judgment. But the legislature carved out product liability cases from that arbitrary cap with a few caveats. First, if punitive damages are awarded at trial and the manufacturer pays the judgment, 75% of the punitive damage award is paid directly to Georgia. Second, there can only be one uncapped punitive damages judgment paid for each product. If a manufacturer pays a punitive damages judgment, a person injured by that same product can only seek compensatory damages. Product liability claims also often involve deaths. Wrongful death claims in Georgia involve two types of claims — one brought by the decedent’s estate and one brought by decedent’s survivors. The value of the survivors’ claim is the full value of the deceased person’s life from their own perspective. This unique concept in Georgia considers the individual’s expectations, relationships, and experiences, and requires the jury to value the intangible parts of the decedent’s life. Georgia also allows spouses to seek damages for loss of consortium. This claim assesses the value of lost spousal services and the impact on the marriage, encompassing both tangible and intangible losses. WWW.LAWYER-MONTHLY.COM 31 Tedra Cannella and Rob Snyder founded Cannella Snyder in 2021 to represent plaintiffs in auto accident, trucking, wrongful death, product liability, and False Claims Act whistleblower cases. They collectively have more than 35 years of experience handling the most serious cases against the world’s largest companies and law firms. About Rob Snyder Contact Rob Snyder, Founder of Cannella Snyder 315 W. Ponce De Leon Avenue, Suite 885, Decatur, Ga 30030 Email: info@cannellasnyder.com www.cannellasnyder.com Since the firm’s founding in late 2021, its attorneys have recovered more than $100 million. Collectively with results obtained at prior firms, Cannella Snyder attorneys have collected settlements and judgments for their clients of $400 million. The firm treats each of its clients like family and works tirelessly to hold those at fault accountable for clients’ losses.
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