Georgia Accident Lawyer Explains Different Legal Theories to Pursue Product Liability Claims
Based on Georgia law, victims of defective products are able to recover financially for injuries, emotional distress and other types of loss against the responsible parties. Depending on the circumstances of the transaction related to and the product itself, a Buford accident attorney can pursue product liability legal action based on four different legal theories:
- Misrepresentation or Fraud
- Breach of Warranty
- Strict Liability
Misrepresentation or fraud is when a manufacturer, wholesaler, seller or any other party purposely makes false statements regarding their product.
Negligence is the failure to ensure a product is safe in its final state and how to instruct a user how to use the product safely according to the generally accepted rules of use.
Breach of Warranty refers to the failure of a manufacturer, retailer or any other party to break the promise of the product’s quality, function and overall structure.
Strict Liability is the legal theory that the manufacturer of the defective product can be held legally responsible for injuries and/or fatalities if the manufacturer acted negligently or not. It can be established by a plaintiff that can prove the product was unreasonable dangerous and defective and these two criteria directly caused injuries of death to the consumer or a bystander.
What About Georgia State Law?
Georgia State law O.C.G.A § 51-1-11 provides a victim, or someone on a deceased victim’s behalf, the ability to bring a product liability suit if they have been injured or killed from a defective product. Before 1968, Georgia courts had limited the ability to pursue a product liability claim to someone who actually bought the defective product in question. Anyone else could not file a product liability claim because they lacked the direct relationship to the defective product.
With the Georgia Product Liability Statute in effect since 1968, Georgia injured and the families of killed victims of defective products can now commence a civil claim regardless of if they bought the defective product or not. O.C.G.A. § 51-1-11(b) sets forth the specific guidelines to hold a manufacture responsible for injuries or deaths from a defective product:
- The manufacturer can be held responsible for any personal property sold as new directly or through a third party regardless of the relationship to the end user.
- Injured people or family members of fatally injured victims have up to 10 years to file a lawsuit for Georgia product liability claims.
Contact a Gwinnett County product liability accident Attorney at the Law Offices of Shane Smith. During your free consultation, you will be able to have your defective product liability questions and circumstances answered and evaluated. Your Buford product liability lawyer Shane Smith has many years of experience fighting for justice for Georgia victims and will do the same for you!