Product Liability Attorney
in Atlanta & Alpharetta, GA

Design Defect

The product's design is inherently dangerous, even when manufactured correctly. Every unit of the product poses the same risk. We retain engineering experts to establish that a safer alternative design was feasible and that the manufacturer chose not to implement it.

Manufacturing Defect

The product's design is safe, but a specific unit deviated from the design during manufacturing, making it dangerous. We preserve the defective product as evidence and work with forensic engineers to identify the manufacturing error.

Failure to Warn (Marketing Defect)

The product is dangerous in a way that is not obvious to the user, and the manufacturer failed to provide adequate warnings or instructions. We establish that an adequate warning would have prevented the injury.

Defective airbags, faulty brakes, tire blowouts, and rollover-prone SUVs have caused thousands of deaths and serious injuries. Vehicle defect cases often involve large automotive manufacturers and require extensive discovery and expert testimony.

Pharmaceutical companies and medical device manufacturers have a duty to warn physicians and patients of known risks. When a drug or device causes serious injury that was not adequately disclosed, the manufacturer may be liable under Georgia's strict liability statute.

Defective lithium-ion batteries, faulty wiring, and overheating appliances can cause fires, burns, and electrocution. We identify the responsible manufacturer and pursue strict liability claims on your behalf.

Power tools, industrial machinery, and construction equipment that lack adequate safety guards or contain design defects can cause catastrophic injuries. These cases often involve both product liability and workplace injury claims.

Children's toys, furniture, clothing, and household products can contain dangerous defects. We handle cases involving burn injuries, choking hazards, toxic materials, and structural failures in consumer products.

Food contamination cases involve strict liability claims against manufacturers, distributors, and retailers. We pursue compensation for illness, hospitalization, and long-term health consequences caused by contaminated food products.

What is strict liability in a Georgia product liability case?

Under Georgia's strict liability statute (OCGA § 51-1-11), a manufacturer is liable for injuries caused by a defective product regardless of whether the manufacturer was negligent. You do not need to prove that the manufacturer acted carelessly — only that the product was defective, the defect existed when it left the manufacturer's control, and the defect caused your injury. This is a significant advantage over traditional negligence claims.

Who can be held liable in a product liability case?

In Georgia, strict liability applies only to manufacturers. However, distributors, wholesalers, and retailers may also be liable under negligence theories if they had knowledge of the defect or failed to conduct reasonable inspections. We identify all parties in the supply chain who may bear responsibility for your injury.

How long do I have to file a product liability claim in Georgia?

Georgia's statute of limitations for product liability claims is generally two years from the date of injury (OCGA § 9-3-33). However, Georgia also has a statute of repose (OCGA § 51-1-11(b)(2)) that bars claims against manufacturers more than 10 years after the product was first sold. There are exceptions for cases involving fraud or concealment of the defect. Contact Attorney Sherota as soon as possible after a product-related injury.

Do I need to keep the defective product?

Yes — preserving the defective product is critical. Do not throw it away, return it to the manufacturer, or allow it to be repaired. The product itself is often the most important piece of evidence in a product liability case. Store it in a safe place and contact Attorney Sherota immediately so we can arrange for proper preservation and expert inspection.

Can I bring a product liability claim if I was using the product incorrectly?

Possibly. Georgia's comparative negligence law (OCGA § 51-12-33) applies to product liability cases. If you were using the product in a way that was reasonably foreseeable — even if not the intended use — the manufacturer may still be liable. Your recovery would be reduced by your percentage of fault, but you can still recover as long as your fault does not exceed 50%.

FREE CONSULTATION

Talk to an Attorney Today

Your first consultation is completely free and confidential. Attorney Brent Sherota personally reviews every inquiry and typically responds within one business day.

PRODUCT LIABILITY

Tell Us About Your Case