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Farah and Farah, P.A.

777 Gloucester Street, Suite 102
Brunswick, GA 31520
Phone: (912) 466-8896
 

Brunswick Product Recall Attorneys

Product Liability

Georgia product liability covers three major areas: negligence, implied warranties, and fair business practices.

To collect damages for an injury caused by a bad, defective, or infective product, you must argue your case according to one of these three general schemas.

What constitutes negligence according to Georgia product liability law?

A manufacturer, engineer, or designer can be held responsible for damages or injuries for not exercising due caution. For instance, a "negligent" design must somehow bad or ineffective and must be shown to have directly caused or contributed to the injury or damage. A manufacturer or designer who does not test products adequately, inspect for impurities, provide adequate labels and warnings, issue recalls when necessary, or who provides faulty instructions can be held negligent. In some cases, manufacturers can be tagged for what's known as "strict liability." In other words, the plaintiff need not prove negligence in order to collect damages. Different statutes of limitation apply to different kinds of product liability cases.

Under what grounds can parties sue for violation of implied warranties?

In Georgia, the Uniform Commercial Code spells out these rules. A product must be "fit for use" for the purpose it was intended for, and it must also be fit for use for the buyer's "intended use," even if said use wasn't the intended use the seller had in mind, provided that the seller understood that the buyer was going to use that product for said use.

How might the Georgia Fair Business Practices Act come into play in Georgia product liability cases?

This Act prevents manufacturers from engaging in unfair or deceptive practices. If a claimant can prove that he was misled by unfair practices, he can claim liability for damages under GA state law.

Contact Us

To understand your rights and plan your next steps for your product liability case, connect with the veteran Brunswick defective product attorneys of Farah & Farah at 1.912.466.8896.