When consumers use a defective product, severe injuries or even death can occur. Families have the right to seek justice after losing a loved one to negligence.
After an unimaginable loss due to a defective product, it is essential to learn how Georgia handles complex product liability claims.
Defining a defective product
The state recognizes several ways a product may be defective and most product liability cases are built around these flaws:
- Design defects: The blueprint or intended design created an unreasonable danger.
- Manufacturing defects: The product deviated from its intended design during assembly.
- Warning defects: The product lacked adequate instructions or failed to warn about non-obvious risks.
A thorough investigation can help determine whether a manufacturer or other involved party may be held responsible for a wrongful death.
The strict liability standard
Georgia applies a rigid liability standard to wrongful death claims involving faulty products. This means the focus is on whether the product was defective and unreasonably dangerous, not on whether the manufacturer acted carelessly.
If the product was unsafe when it left the manufacturer and that defect caused a fatal injury, strict liability may apply. This standard can simplify certain aspects of proving responsibility.
Evidence that supports a defective product claim
Strong evidence is essential in defective product cases that lead to a wrongful death. Investigators often rely on product testing, expert evaluations and documentation showing how the item was used. Materials like these help establish whether the defect existed before the incident and whether it directly contributed to the fatal outcome.
Presenting this evidence and the facts of the case clearly can help you find justice after negligence caused a loved one’s death.