Product Liability FAQ

1. What is product liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective or dangerous products. If a product causes harm due to design flaws, manufacturing defects, or inadequate warnings, those parties may be held liable.

2. What types of product defects can lead to a liability claim?

There are three main types of product defects:

• Design defects: The product is inherently dangerous due to its design, even if it was manufactured correctly.

• Manufacturing defects: A mistake during production or assembly makes the product dangerous.

• Marketing defects (failure to warn): Inadequate instructions or warnings about the product's proper use, resulting in harm.

3. Who can be held responsible in a product liability case?

In Georgia, responsibility may lie with various parties in the product’s distribution chain, including:

• The manufacturer of the product

• The manufacturer of component parts

• The distributor or wholesaler

• The retailer that sold the product

4. What do I need to prove in a product liability case?

To succeed in a product liability claim in Georgia, you must typically prove:

• The product was defective.

• The defect caused your injury.

• You were using the product as intended or in a foreseeable way at the time of injury.

5. Is Georgia a strict liability state for product defects?

Yes, Georgia follows a strict liability rule for product defects. This means that you don’t need to prove that the manufacturer or seller was negligent. You only need to show that the product was defective and caused your injury.

6. How long do I have to file a product liability lawsuit in Georgia?

In Georgia, the statute of limitations for filing a product liability lawsuit is two years from the date of injury. However, a separate statute known as the statute of repose can bar product liability claims if the product is more than 10 years old, regardless of when the injury occurred.

7. What damages can I recover in a product liability case?

If successful, you may recover compensatory damages, including:

• Medical expenses for your injuries

• Lost wages if you missed work due to the injury

• Pain and suffering

• In some cases, punitive damages may be awarded to punish the defendant for particularly reckless behavior.

8. What should I do if I’m injured by a defective product?

If you’ve been injured by a defective product, take the following steps:

• Seek medical attention immediately.

• Keep the product in a safe place and do not alter or attempt to repair it.

• Document your injuries, medical treatments, and how the incident occurred.

• Contact an experienced product liability attorney, like Ralph Scoccimaro, for a consultation.

9. Can I still file a claim if I used the product incorrectly?

It depends. If the product was used in a way that the manufacturer could reasonably anticipate, even if it was not the intended use, you may still have a valid claim. However, if the misuse was unforeseeable, it could impact your ability to recover compensation.

10. How can Ralph Scoccimaro help with my product liability case?

With years of experience serving clients across Georgia, Ralph Scoccimaro provides skilled legal representation for those injured by defective products. He will guide you through the legal process, investigate the product’s defect, and fight to secure the compensation you deserve.