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This is known as the discovery rule. In a Georgia defective product personal injury case, you have two years from the time that you discovered, or should have known, you were injured and that the injury was caused by the defective product. Your lawsuit must be filed within ten years of when the product was first sold.
More than one party can be held liable for the damages caused by a defective product. Apart from the manufacturer, the designer, the wholesaler, the retailer, and the other parties in the chain of distribution can be held liable for a product liability claim.
In such cases, victims can file a product liability claim against the party responsible in order to recover compensation for losses related to injuries and damage. There are three major types of product liability: manufacturing defects, designs defects, and failure to warn.
In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.
Under Georgia premises liability law, accident victims can hold the owner or occupier of property liable for negligently causing or negligently failing to repair, correct or warn about these and other unsafe conditions which lead to personal injury or wrongful death.
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law.
Georgia's strict product liability laws hold the product manufacturer strictly liable for injuries a defective item causes, regardless of the question of negligence. Today in Georgia, almost anyone injured by a defective product can bring a personal injury or wrongful death lawsuit.
You and your attorney must provide evidence of injury, death, or property loss to demonstrate the existence of the defect, such as medical records, police reports, and eye witness testimonies. The product was defective. A personal injury lawyer must prove the existence of a defect.