Clayton County Accident Attorney Shane Smith Covers Four Types of Product Liability

Every day you come in contact with products. The car you drive, the appliances you use in your kitchen, at work, at a business or at a family member’s house. The majority of products you use, as intended, are safe and will never cause a problem for the life of the item. However, there are a fair amount of products that are not fully tested and properly inspected by the appropriate authorities. These unsafe items, which fall through the safety cracks, are what cause innocent users to suffer severe injuries or even death.

Understanding the Four Types of Product Liability

Under Georgia law, the four types of product liability are:

  • Strict liability
  • Fraud
  • Breach of Express or Implied Warranty
  • Negligence

Understanding how each theory applies to your situation is essential to see if your accident entitles you to a personal injury claim.

Strict Liability

Injured plaintiffs can file a claim based on this theory if they can prove there was a defect in the product and that defect caused injuries or death. There is no need to prove negligence or other breach of duty of care with this claim.


If you can prove the seller or manufacturer of the product knew about the product’s defect and chose to not fix it and/or hide the defect, you may prevail on a personal injury claim.

Breach of Express of Implied Warranty

Applying to different products, one type of warranty requires notification, the other type is automatic. An implied warranty says the product is appropriate for the purpose it’s being sold. An express warranty pertains to warranties covering damaged products. If the product does not meet its respective warranty, a breach of warranty may exist prompting a product liability claim.


The legal person responsible for the defect in the product, through a thorough inspection process would have discovered the issue. If additional inspection and care was put into the quality control of the item in question, the defect would have been discovered and the severe injuries or death caused by the defect would have been prevented. If this is proven in a product liability claim, the manufacturer and/or seller may be held liable for the victim’s damages. Both parties have a legal duty to ensure the product is not defective when used as intended.

If you or a family member has been injured due to a defective product, you may be able to file a personal injury claim under one of these legal theories. The only way to determine what you are entitled to is by speaking with a Clayton County accident lawyer. When you call the Law Offices of Shane Smith at (770) 487-8999 you will be able to setup a free legal consultation with a Clayton County accident lawyer. During your consultation you will understand what damages you may be entitled to and how you can obtain justice.   

Shane Smith
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Advocate for the Seriously Injured in Georgia

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