Manufacturer vs. Retailer Liability in Georgia Product Liability Claims

When you’re injured due to a defective product, Georgia law may allow you to pursue compensation from the party responsible for the unsafe product. That often means the manufacturer, but depending on the specifics of your accident, other potential liable parties include retailers and distributors.

Understanding who is legally responsible for your injuries is one of the most important parts of a product liability claim. Learn more about your options by discussing your case with a defective product attorney. Call to schedule a consultation today.

What is a product liability claim in Georgia?

Product liability claims arise when someone is injured or made ill by a defective or unreasonably dangerous product. There are several legal theories under which a Georgia resident may be able to seek compensation from a manufacturer or retailer:

• Strict liability: This theory generally applies to manufacturers rather than ordinary retailers or distributors. If a consumer seeks compensation this way, they do not have to prove that the manufacturer was negligent—only that the product was defective and caused their injury.
• Negligence: Negligence focuses on whether or not the responsible party failed to use reasonable care in designing, manufacturing, or selling the product. Consider, for example, a baby toy that the manufacturer failed to test with infants, resulting in an obvious choking hazard reaching the market.
• Breach of warranty: These claims typically arise around broken promises regarding a product’s safety or performance.

Georgia’s strict liability statute plays a critical role in many claims, particularly those involving manufacturers. This can be a huge relief for injured victims who are dealing with medical care needs, lost wages, and other unexpected losses.

Types of product defects that lead to claims

Most defective product claims fall into one of three categories:

• Design defect: A product is inherently unsafe because of how it is designed. For example, a vehicle that is prone to rollovers because of unsafe design choices.
• Manufacturing defect: A product is unsafe because of how it is manufactured; its design may be safe, but because of choices or errors made in manufacturing, it is not safe for consumers.
• Marketing defect: This occurs when a product does not have proper instructions or warnings about known risks.

Identifying the type of defect that caused your injury is a critical part of seeking compensation. It determines which party is legally responsible for your damages. This is where a lawyer’s experience can help, which is why we recommend talking to an attorney early.

When is a manufacturer liable in Georgia?

Manufacturers are perhaps the most common defendants in Georgia product liability claims. Due to the state’s strict liability law, a manufacturer can be held liable if the product was defective when it left their control, and the defect resulted in the plaintiff’s injury.

Georgia makes it easier for victims to seek compensation because they do not have to show that the manufacturer was careless or negligent. Even if the company followed standard procedures and safety protocols, it may still be liable if the product was unreasonably dangerous.

Since you don’t have to prove negligence, many types of issues can lead to manufacturer liability. Some scenarios involving manufacturer liability include:

• Defective designs making an entire line of products unsafe or unusable for their intended purpose
• Assembly errors that lead to unsafe products
• Failure to conduct proper safety testing
• Ignoring known risks or prior complaints

The state’s strict liability law is based on the principle that manufacturers are generally in the best position to prevent defects. This principle puts them in a position of power and responsibility to reduce injuries among consumers.

When can retailers be held liable?

Manufacturers are usually the primary liable party in Georgia. But that doesn’t mean that retailers are always off the hook. That said, Georgia law has protections for innocent sellers, which makes it harder for consumers to hold them responsible for injuries. Some of the situations where sellers may still be held responsible include:

• Seller knew that product was defective and chose to sell it anyway
• Seller modified or altered the product, increasing the danger to consumers
• Seller made specific guarantees or representations about the product’s safety
• Seller was negligent in how they handled, stored, or assembled the product

Retailers may be named in lawsuits even when manufacturers are potentially liable. This is particularly common when a manufacturer is difficult to identify, located out of the state or overseas. But if a retailer had no role in the defect and did not know about it, they may be dismissed from the case entirely.

What about other parties in the supply chain?

Between the manufacturer and seller, there are still other parties involved that may have some liability. These parties include wholesalers and distributors. They may be included in a product liability claim if they:

• Had direct involvement in the defect
• Knew of safety issues
• Didn’t follow appropriate handling or storage procedures

It may happen that multiple parties share liability. This is important when your defective product attorney is determining how damages are allocated and which insurance policies may apply.

Key differences in manufacturer and retailer liability

Understanding the differences in when each party is liable, how liability is determined, and where Georgia law comes into play can help you better understand how your claim may be built.

Manufacturers are subject to strict liability. The focus is on the product itself, not the manufacturer’s actions. Injured victims do not have to prove negligence.

Non-manufacturing sellers are generally protected from strict product liability claims unless certain exceptions apply. A plaintiff has to show knowledge, involvement, or negligence to recover compensation from them.

This may mean that the majority of successful claims in Georgia focus on the manufacturer. In comparison, claims may only involve retailers when there are specific facts to justify including them.

Find out how Harris Lowry Manton LLP can help you seek justice

If you’ve been injured because of an unsafe or defective product, it’s time to learn more about your legal options and hold manufacturers accountable. Our team is here to fight for what you deserve. Just call us or connect with us online to schedule a consultation now.