Personal injury cases occur when one person’s negligence, recklessness, or intentional misconduct causes another person harm. These cases can involve a wide range of scenarios, including car accidents, medical malpractice, and slip and fall accidents. One type of personal injury case that is becoming increasingly common in Georgia is defective products cases. When a consumer is injured due to a defective product, they may be able to file a lawsuit and seek compensation for their injuries. In this article, we will explore the laws that govern defective products cases in Georgia.
Table of Contents
What is a Defective Product?
A defective product is a product that is unreasonably dangerous when used as intended or in a manner that is reasonably foreseeable. There are three types of defects that can make a product defective: design defects, manufacturing defects, and marketing defects.
A design defect exists when a product is inherently dangerous due to the way it was designed. A manufacturing defect occurs when an error in the manufacturing process makes a product dangerous. A marketing defect occurs when a company fails to provide adequate warnings or instructions about the safe use of a product.
Strict Liability in Georgia
In Georgia, products liability cases are governed by the doctrine of strict liability. This means that a seller or manufacturer of a defective product can be held liable for injuries caused by the product, even if they were not negligent or intentionally harmful.
To win a products liability case in Georgia, the plaintiff must prove the following elements:
- The product was defective.
- The defect caused the plaintiff’s injuries.
- The plaintiff was using the product in a reasonable manner at the time of the injury.
- The defendant is liable for the defect.
Damages in Products Liability Cases
If a plaintiff successfully proves a products liability case in Georgia, they may be entitled to damages, which are meant to compensate them for their injuries and losses. These damages can include:
- Medical expenses, including hospital bills, doctor’s fees, and the cost of rehabilitation and therapy.
- Lost wages or earning capacity due to the injury.
- Pain and suffering, which includes physical pain, emotional distress, and mental anguish.
- Loss of enjoyment of life, which compensates the plaintiff for the loss of the ability to enjoy life as they did before the injury.
Statute of Limitations
In Georgia, the statute of limitations for a products liability case is two years from the date of the injury or death. This means that a plaintiff must file their lawsuit within two years of the injury or death, or they will lose their right to seek compensation.
Comparative Fault in Georgia
Georgia follows a modified comparative fault rule in personal injury cases. This means that if the plaintiff is partially responsible for their own injuries, their damages will be reduced by their percentage of fault. If the plaintiff is more than 50% at fault, they will be barred from recovering any damages.
Conclusion
If you have been injured by a defective product in Georgia, it is important to seek the advice of an experienced personal injury attorney. They can help you understand your rights and options, and guide you through the legal process. Remember, the statute of limitations for products liability cases is only two years, so it is important to act quickly to protect your rights.