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What is Strict Product Liability?

By Butler Prather LLP on July 6, 2021

Defective products can lead to severe injuries or illnesses for consumers. In the aftermath of a product defect injury or illness, victims should be able to recover compensation for their losses. In general, securing compensation in these situations involves filing a lawsuit against the company or manufacturer who supplied the defective product. Here, we want to discuss strict product liability and how this applies to individuals who are seeking compensation after these incidents.

What is Strict Liability?

The theory of strict liability revolves around individuals or companies being held responsible for injuries caused by their actions. In these particular situations, the “strict liability” means that the injury victims in these cases do not have to prove the defendant’s negligence.

There are usually three types of situations where strict liability laws apply, and these laws vary state by state:

  • For dog bite incidents
  • For abnormally dangerous activities
  • For product liability claims

How is Strict Liability Applied to Product Liability Claims?

In Georgia, the doctrine of strict liability does apply in product liability claims. This allows individuals who are injured due to a defective product to file a lawsuit against the manufacturer, distributor, or retailer of the product. Even though the individuals who are harmed do not have to prove the negligence of the defendant, they do have to prove that the marketed product that they used caused them injury or illness.

Strict liability for product liability claims in Georgia typically apply in three different situations, including the following:

  • Manufacturing defects. This means that a product was manufactured in a faulty way that rendered it unsafe for use or consumption. This kind of defect can be limited to a single item or even an entire product batch that comes through a manufacturing line.
  • Design defects. In some cases, a product has an entirely unsafe design that is not even dependent on the manufacturing process. Products have to be tested before they are released to the general public for useful consumption. In some cases, third-party regulatory agencies have to approve product designs.
  • Inadequate warnings. Products can be defective if they do not properly let consumers know certain things about the use or consumption of the item. For example, if a label improperly lists or leaves out any of the following, the product can be considered affected: ingredients, hazards, side effects, dosages, allergy warnings, and more.

Do You Need an Attorney for a Product Liability Claim in GA?

If you or somebody you care about has been injured by a defective product in the state of Georgia, you should be able to recover compensation for your losses. However, going up against product companies and manufacturers can be incredibly challenging, particularly when they hide behind insurance carriers and legal teams. A Georgia product liability attorney will be able to use their resources and legal experience to fully investigate these claims and help recover complete compensation for your losses. An attorney will work under Georgia’s strict liability laws in these cases to help clients recover compensation for their medical bills, lost income, property damage expenses, pain and suffering losses, and more.

Posted in: Defective Products

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