A defective product that causes death produces a wrongful death claim governed by both Georgia tort law and Georgia’s strict liability statute, O.C.G.A. § 51-1-11. The combination changes the proof burden in the plaintiff’s favor: the plaintiff does not need to prove the manufacturer was careless, only that the product was defective and caused the death.
Three defect categories give rise to product liability wrongful death claims #
Under Georgia product liability law, three defect categories give rise to wrongful death claims:
- Design defect: the product’s design is unreasonably dangerous, with a safer alternative design available
- Manufacturing defect: the product departed from its intended design in production
- Failure to warn: the product lacked adequate warnings or instructions about foreseeable risks
Each category requires different proof and different expert support.
Strict liability under § 51-1-11 removes the need to prove manufacturer negligence #
Under § 51-1-11(b), the manufacturer of a personal property defective product can be liable to the natural person harmed by the defect without proof that the manufacturer was negligent. The plaintiff must establish that the product was defective when it left the manufacturer’s control, that the defect proximately caused the death, and that the decedent used the product in a manner the manufacturer could reasonably have foreseen.
Strict liability under § 51-1-11 applies to manufacturers. Product sellers other than manufacturers (such as retailers and distributors) are generally not subject to strict liability under § 51-1-11.1 unless the seller exercised significant control over the product’s design, manufacture, or warning.
A ten-year statute of repose bars most claims after the product’s first sale #
Georgia’s product liability statute of repose under O.C.G.A. § 51-1-11(b)(2) provides a ten-year deadline from the date of first sale of the product. After ten years from first sale, product liability claims (subject to limited exceptions) are barred regardless of when the injury occurs.
The ten-year repose period contains statutory exceptions and judicial gloss. Under § 51-1-11(c), the repose does not apply to claims for damages caused by long-latency diseases (such as those caused by exposure to asbestos or similar agents), to claims based on willful, reckless, or wanton conduct, or in certain failure-to-warn scenarios where the manufacturer continued to have a duty after sale.
The wrongful death “full value of life” measure applies regardless of liability theory #
The wrongful death recovery in a product liability fatal injury follows the standard “full value of life” measure under § 51-4-2. The product liability theory affects who pays and how liability is established; it does not change the damages framework.
The survival action recovers pre-death suffering in product liability fatalities #
The survival action under § 9-2-41 captures the decedent’s pre-death suffering. In product liability fatalities involving extended pre-death suffering (severe burns, prolonged exposure to defective medical devices, gradual deterioration from defective drugs), the survival action component can be substantial.
Punitive damages in product liability cases are not subject to the $250,000 cap #
Under O.C.G.A. § 51-12-5.1, punitive damages in product liability cases are not subject to the $250,000 cap. Plaintiffs in product liability wrongful death cases can pursue uncapped punitive damages through the survival action when the manufacturer’s conduct involves willful misconduct, conscious disregard of known dangers, or other elevated culpability.
Liability reaches multiple parties along the distribution chain, with different theories #
Product liability claims in Georgia can reach multiple parties in the distribution chain, with different theories applying to each:
- Manufacturers (primary defendants under § 51-1-11 strict liability)
- Component part manufacturers (liability for defects in the component they produced)
- Distributors and retailers (typically liable under negligence theories rather than strict liability, per § 51-1-11.1, unless they exercised significant product control)
- Designers (in design defect cases involving entities that controlled the design)
Vehicles, medical devices, drugs, and consumer goods recur in fatal product cases #
Recurring product categories in Georgia wrongful death product liability claims include:
- Defective vehicles and vehicle components (tires, airbags, fuel systems, brake systems)
- Medical devices (defective implants, surgical equipment, monitoring devices)
- Pharmaceuticals (drugs with undisclosed side effects, prescription errors caused by labeling failures)
- Industrial equipment (machinery with inadequate safeguards)
- Consumer products (defective appliances, electronics, recreational products)
Federal preemption can defeat state product liability claims in some categories #
Some product liability claims involve federal preemption defenses. In medical device cases, federal Medical Device Amendments preemption under the U.S. Supreme Court’s decision in Riegel v. Medtronic, 552 U.S. 312 (2008), can limit state law claims involving devices that received FDA premarket approval. In pharmaceutical cases, the PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), line of cases preempts certain failure-to-warn claims against generic drug manufacturers. These defenses operate as legal barriers to state law claims and require case-specific analysis of the product and the underlying claim.
Preserving the product itself is the central evidence step #
Product liability fatal cases require preservation of the actual product (the defective item itself), all packaging and instructions, repair and maintenance records, and any related warnings or recalls. The product as physical evidence is central to design defect, manufacturing defect, and warning defect proof.
This article is for informational purposes only and does not constitute legal advice. Personal injury cases turn on specific facts and applicable law that vary by case. If you have been injured in Georgia and want to understand your legal options, consult a licensed Georgia personal injury attorney.