Childers & McCain
When a Product Fails You, the People Who Made It Should Answer for It
Georgia law gives injured consumers the right to hold manufacturers, distributors, and retailers accountable when a defective product causes serious harm. If you were hurt by something that was designed wrong, built wrong, or sold without adequate warning, you may have a product liability claim — and more than one party may share responsibility for what happened to you.
Three Legal Theories That Form the Foundation of Every Product Liability Case
Product liability cases in Georgia are built on one or more of three distinct legal theories. Understanding which theory applies to your situation determines who is responsible, what evidence matters, and how your case is built. At Childers & McCain, we evaluate all three before any strategy is developed.
Design Defect
A design defect exists when the product was dangerous before a single unit was ever manufactured. The flaw is in the blueprint itself — meaning every product of that type carries the same risk. If a vehicle component, power tool, or medical device was engineered in a way that made it unreasonably unsafe under foreseeable conditions, the company that designed it can be held liable regardless of whether the specific unit you used was assembled correctly.
Manufacturing Defect
A manufacturing defect occurs when the design was sound but something went wrong during production. A single batch of consumer electronics with faulty wiring, a medical device assembled with the wrong materials, a brake component that left the factory without proper quality control — these are manufacturing defects. The product deviated from its own intended design, and that deviation caused your injury.
Failure to Warn
Some products carry inherent risks that can be managed — but only if the user knows about them. When a manufacturer or seller fails to provide adequate warnings or instructions about those risks, they can be held liable for injuries that result. This theory applies frequently to dangerous drugs, chemical products, power equipment, and medical devices where the hazard was known but not disclosed to the consumer.
Failure to Warn
Some products carry inherent risks that can be managed — but only if the user knows about them. When a manufacturer or seller fails to provide adequate warnings or instructions about those risks, they can be held liable for injuries that result. This theory applies frequently to dangerous drugs, chemical products, power equipment, and medical devices where the hazard was known but not disclosed to the consumer.
Vehicle and Truck Components
Defective vehicle parts — brake systems, tires, steering components, trailer hitches, cargo securement hardware — are a category we examine closely in cases involving commercial trucks and passenger vehicles alike. A crash that appears to be driver error sometimes has a product failure at its root. We know how to investigate both possibilities simultaneously, and we have the trucking litigation background to pursue the manufacturer when the evidence points there.
Consumer Products and Power Tools
Power tools, household appliances, children's products, and consumer electronics injure thousands of people every year. These cases often involve a combination of design and manufacturing defects — and sometimes a failure to warn about hazards that the manufacturer's own testing had already identified. If a product you purchased and used as intended caused a serious injury, the company that put it in your hands may owe you more than an apology.
Frequently Asked Questions About Defective Product Claims in Georgia
Can I sue a manufacturer if their product injured me in Georgia?
Yes. Georgia law allows injured consumers to bring product liability claims against manufacturers, distributors, and retailers when a defective product causes harm. You do not need to prove the company was negligent in the traditional sense — in many cases, you only need to show the product was defective and that the defect caused your injury.What is product liability in Georgia?
Product liability is a legal framework that holds companies in a product's distribution chain responsible when a defective or unreasonably dangerous product injures a consumer. Georgia recognizes claims based on design defects, manufacturing defects, and failure to provide adequate warnings or instructions.Who is responsible for a defective product injury?
Responsibility can extend to any party in the chain of distribution — the original manufacturer, component suppliers, distributors, and retailers. Georgia law allows injured consumers to pursue claims against multiple defendants, which is important when one party attempts to shift blame to another.How long do I have to file a product liability claim in Georgia?
Georgia's statute of limitations for product liability cases is generally two years from the date of injury. However, there are additional rules that apply depending on when the product was first sold and how long it has been in use. The sooner you consult with an attorney, the better your ability to preserve evidence and meet all applicable deadlines.What if I was partially at fault for my own injury?
Georgia follows a modified comparative fault rule. If you were less than 50 percent at fault for your own injury, you can still recover damages — though your recovery may be reduced in proportion to your share of fault. A manufacturer or retailer cannot escape full accountability simply by arguing that you contributed to the accident.
Serious Injuries Deserve Serious Representation
Product liability cases involve well-funded corporate defendants who defend these claims aggressively. You need attorneys who are prepared to go to trial — not just negotiate. Christy and David personally handle the cases they take, and they take cases they are prepared to try.
If a defective product caused you or someone in your family serious harm, we want to hear what happened.