Atlanta Product Liability Lawyer

In my years as a product liability attorney, I’ve seen firsthand how a simple design flaw can devastate a family. A well-made product should make life easier, not land you in the hospital. Yet defective appliances, dangerous children’s toys, or faulty power tools sold in Atlanta can cause life-changing injuries: severe lacerations, burns, electrocution, even wrongful death. If you’ve been hurt by a dangerous product here, you need an Atlanta product liability lawyer who understands how to take on manufacturers, retailers, and insurers on your behalf.

When a defective product injures you, you’ll face complex legal hurdles: navigating Georgia’s strict liability framework under O.C.G.A. § 51-1-11, countering manufacturers’ design-defect and failure-to-warn defenses, and racing against the two-year personal-injury deadline in O.C.G.A. § 9-3-33. Insurance companies will move quickly to downplay your injuries and shift blame, while vital evidence, like design schematics, safety-test reports, and recall notices, can disappear or be buried.

These incidents are preventable. Whether the harm resulted from a manufacturing flaw, a dangerous design, or inadequate warnings, victims in Atlanta face mounting medical bills, lost income, and lasting emotional distress. You deserve a lawyer who will dig into the product’s history, partner with safety engineers and medical experts, and build a case that demands full compensation.

At Wetherington Law Firm, our lead product liability attorney, Matt Wetherington, has secured over $500 million in verdicts and settlements across Georgia personal injury claims. We combine deep expertise in Georgia’s product-liability statutes with a proven network of forensic engineers and medical professionals to hold negligent companies accountable. Let us manage every legal detail so you can focus on recovery. Call (404) 888-4444 or fill out our free consultation form now to protect your rights and pursue the justice you deserve.

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Get free case evaluation for product liability claims in Atlanta and throughout Georgia.

Meet Matt Wetherington – Atlanta Product Liability Attorney

Matt Wetherington is the founder of Wetherington Law Firm, a nationally recognized attorney focusing on wrongful death, product liability, class actions and personal injury litigation. Licensed in Georgia since 2010, he has secured record-setting verdicts, including one of the largest auto-wreck awards in the state, and earned induction into the ALM Verdicts Hall of Fame. A Super Lawyers honoree in both Personal Injury and Products Liability, Matt leads high-stakes cases against major manufacturers and insurers, helping his clients hold powerful corporations accountable.

Beyond the courtroom, Matt is deeply committed to public safety and legal innovation. He founded the nonprofit Tire Safety Group, maintains the world’s largest recalled‑tire database, and chairs the Auto Accident Survivors of Georgia. A first-generation college graduate from Climax, Georgia, Matt earned his J.D. from Mercer University and has lectured on product liability topics at state legal conferences. His combination of trial experience, community advocacy, and subject‑matter expertise makes him a top choice for individuals pursuing product liability claims in Georgia. Read more about Matt. 

What Types of Product Liability Defects Can Lead to a Lawsuit in Georgia?

1. Manufacturing Defects

A manufacturing defect occurs when a product departs from its intended design, even if the design itself is safe, due to errors in fabrication, assembly, or quality control. Under O.C.G.A. § 51-1-11, you must show the specific product you purchased contained a flaw that rendered it unreasonably dangerous. We recently represented an Atlanta construction worker who was severely injured when a power saw’s safety guard, which had a known manufacturing defect, failed. Our Atlanta product liability lawyer was able to demonstrate that this was responsible for the accident. 

2. Design Defects

Design defects arise when the product’s blueprint or specifications themselves are inherently unsafe, making every unit of the model dangerous. Georgia courts apply the “consumer expectation” test and the “risk–utility” test under O.C.G.A. § 51-1-11(b) to determine if a product’s design poses an unreasonable risk compared to its utility and the feasibility of a safer alternative. Classic instances include a ladder built so narrowly that it tips over easily or a household appliance lacking a proper grounding mechanism.

3. Failure to Warn (Warning Defects)

Failure-to-warn defects occur when a product lacks adequate instructions or safety warnings about its risks, leaving users unaware of potential dangers. Under Georgia law, manufacturers and sellers must provide clear, conspicuous labels and manuals alerting consumers to known hazards and proper usage. A product liability lawsuit might involve a chemical cleaner sold without a clearly visible label warning against mixing with other substances or prescription medical devices distributed without thorough post-market risk disclosures.

Each of these defect types can form the basis of a product liability claim in Georgia. Identifying the precise nature of the flaw and gathering design documents, testing reports, and expert testimony is essential. If you believe you’ve been injured by a defective product, our Atlanta product liability attorneys can help you evaluate your case and pursue maximum compensation.

Who Can Be Held Liable in a Product Liability Lawsuit?

In Georgia, liability can extend up and down the entire chain of commerce, from the company that designed your product to the retailer on the shelf. Under O.C.G.A. § 51-1-11(a), anyone “engaged in the business of selling” a defective product that reaches you unaltered can be held strictly liable for injuries it causes. That means you don’t have to prove negligence, only that the product was sold in an unreasonably dangerous condition.

Potentially liable parties include:

• Designers & Manufacturers: The engineers and factories responsible for a product’s blueprint and assembly. If a design makes the product inherently unsafe or a manufacturing error introduces a dangerous flaw, they are on the hook.
• Parts Suppliers & Sub-Manufacturers: Companies that produce critical components like batteries, circuit boards, or safety interlocks can be liable if a faulty part causes the failure.
• Distributors & Wholesalers: Firms that buy products in bulk and supply them to retailers. Even if they didn’t manufacture or design the item, Georgia law holds them accountable for selling it in a dangerous state.
• Retailers & Online Sellers: Brick-and-mortar stores and e-commerce platforms that stock and sell defective goods. Their role in getting the product to you unaltered triggers strict liability.
• Importers: Businesses that bring products into the U.S. from abroad. If an imported item is defective, the importer stands in the same shoes as a domestic manufacturer.

Because Georgia allows comparative fault under O.C.G.A. § 51-1-6(b), a defendant may try to shift blame onto you, so having an experienced Atlanta product liability lawyer is crucial. We’ll identify every responsible party, gather the right evidence from design schematics to purchase records and hold them all accountable so you receive the full compensation you deserve.

How to Prove a Product Liability Claim in Georgia

Securing compensation after a defective product injures you hinges on meeting Georgia’s strict liability requirements and marshaling compelling evidence. Below is a detailed roadmap to building a successful claim under O.C.G.A. § 51-1-11.

1. Establish the Defect

a. Manufacturing Defect
You must show that the specific unit you purchased departed from the manufacturer’s intended design. This often requires:

• Photographic evidence of the damaged component in the exact post-accident state.
• Production and quality-control records demonstrating how your item slipped past safety checks.
• Comparison samples of nondefective units to highlight the flaw (e.g., a cracked welding seam or missing safety guard).

b. Design Defect
For a design defect, you need proof that every product of the model is unreasonably dangerous:

• Risk–Utility Analysis showing the hazard outweighs the product’s benefits and that a feasible, safer alternative design existed.
• Consumer-Expectation Test surveys or testimony demonstrating the product performed below an ordinary user’s reasonable safety expectations.
• Internal Memos or Test Reports revealing the manufacturer knew of the design’s risks yet pushed it to market.

c. Failure to Warn
A warning defect claim focuses on missing or inadequate instructions:

• Label and Manual Review to identify absent or ambiguous cautions about known dangers.
• Industry Standards (e.g., ANSI, UL) establishing what warnings a reasonably prudent manufacturer would include.
• Recall History or safety bulletins showing the manufacturer later issued advisories confirming the hazard they originally downplayed.

2. Prove Causation

a. “But-For” Causation
Demonstrate that the injury would not have occurred but for the defect:

• Timeline Reconstruction using surveillance footage, eyewitness accounts, or sequence-of-events charts.
• Medical Expert Testimony linking the mechanism of injury (e.g., electrical shock from a faulty cord) directly to your harm.

b. Substantial Factor Test
If multiple causes exist, show the defect was a substantial contributing factor:

• Accident Reconstruction Reports by certified engineers ruling out other plausible causes (e.g., misuse vs. inherent flaw).
• Toxicology or Material-Science Analyses in chemical-exposure cases to pinpoint the defective element as the trigger for injury.

3. Demonstrate the Product Reached You Unaltered

To prevent defendants from blaming post-sale tampering, you must confirm the item arrived in the same condition it left the factory:

• Chain-of-Custody Evidence shipping records, warehouse logs, and retailer receipts.
• Retention of Original Packaging showing no aftermarket modifications.
• Affidavits from Bystanders or First Responders who handled the product immediately after the incident.

4. Compile and Present Expert Evidence

Georgia courts require specialized proof in technical cases. Your attorney will secure:

1. Forensic Engineers to conduct failure-mode and effect analyses (FMEA), stress testing, and 3D imaging of broken parts.
2. Medical Specialists to testify on the nature, permanence, and future care needs of your injuries.
3. Human Factors Experts in warning-defect cases, validating that a reasonable consumer would have misinterpreted or missed the instructions provided.

5. Navigate the Legal Process

1. Pre-Litigation Preservation
   • Issue “litigation hold” letters to all sellers and manufacturers under Georgia’s spoliation rules.
   • File a Notice of Claim (if required) within any applicable governmental entity.
2. Drafting the Complaint
   • Clearly plead each defect type, citing O.C.G.A. § 51-1-11(a)–(b).
   • Specify the injury date to trigger the two-year statute (O.C.G.A. § 9-3-33).
3. Discovery and Depositions
   • Serve targeted requests for design documents, safety tests, recall communications, and internal emails.
   • Depose corporate custodians and engineers to expose knowledge of the defect.
4. Settlement vs. Trial
   • Use your expert reports and documentary evidence to demand full compensation in mediation.
   • If insurers balk, present a powerful jury case complete with demonstrative exhibits, 3D reconstructions, and live expert testimony to maximize verdict potential.

Our product liability lawyers work with experts at every level to gather all necessary evidence needed for litigation. We pursue your case as if we’re already in court from the very beginning of our conversation, focusing on getting the maximum compensation caused by defective products. 

Contact an Atlanta Product Liability Lawyer

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Get free case evaluation for product liability claims in Atlanta and throughout Georgia.

What Compensation Is Available in a Georgia Product Liability Claim?

When a defective product causes injury, Georgia law allows you to recover several categories of damages to make you whole again:

1. Economic (Special) Damages
   • Medical Expenses: Past and future costs for hospital stays, surgeries, physical therapy, prescription drugs, assistive devices, and home health care.
   • Lost Wages & Earning Capacity: Income you’ve already lost plus the reduction in your ability to earn in the future due to permanent impairment.
   • Out-of-Pocket Costs: Transportation to medical appointments, home modifications, childcare, and other direct expenses tied to your injury.
2. Non-Economic (General) Damages
   • Pain and Suffering: Physical pain from the injury and emotional distress it causes.
   • Emotional Trauma: Anxiety, depression, post-traumatic stress, and loss of enjoyment of life.
   • Disfigurement & Scarring: Compensation for permanent scars, amputations, or other lasting physical changes.
3. Punitive Damages
   If you can prove the manufacturer or seller acted with “fraud, malice, or wantonness,” Georgia permits punitive damages to punish egregious misconduct and deter similar conduct by others (O.C.G.A. § 51-12-5.1).
4. Other Remedies
   • Attorney’s Fees & Litigation Costs: While Georgia generally does not award attorney’s fees in strict liability cases, you may recover fees if your claim also invokes statutes that allow fee shifting, such as the Fair Business Practices Act (O.C.G.A. § 10-1-399).
   • Restitution: In rare cases, you may seek disgorgement of profits if the defendant’s conduct violated consumer-protection laws.

Because Georgia applies comparative fault (O.C.G.A. § 51-1-6), any damages award may be reduced by your percentage of fault. A seasoned Atlanta product liability lawyer will accurately value each category of loss, work with medical and economic experts to document future needs, and aggressively pursue every avenue of compensation to ensure you are fully made whole.

What to Do If You’re Injured by a Defective Product

1. Seek Immediate Medical Care:  Your health is the top priority. Get prompt treatment even for seemingly minor injuries to prevent complications and create an official medical record linking your harm to the product.
2. Preserve the Defective Item: Keep the product, its packaging, all instructions, and any warning labels exactly as they are. Photograph the defect, damage, and surrounding scene before moving or discarding anything.
3. Document Everything
   • Write down the date, time, and location of the incident.
   • Collect witness names and contact information.
   • Save receipts, warranty cards, and proof of purchase to establish the chain of commerce.
4. Report the Hazard: File a report with the manufacturer or retailer and with any relevant agency, such as the U.S. Consumer Product Safety Commission (CPSC). This creates an official record and may trigger safety investigations or recalls.
5. Keep Detailed Records of Your Losses: Track all medical bills, prescription costs, rehabilitation expenses, time missed from work, and any out-of-pocket expenditures (e.g., travel to doctors, home modifications).
6. Consult an Experienced Product Liability Attorney: Georgia’s strict-liability law (O.C.G.A. § 51-1-11) and two-year statute of limitations (O.C.G.A. § 9-3-33) make timing critical. A product liability lawyer can evaluate your claim, preserve key evidence, and guide you through each step, so you don’t delay and risk losing your right to compensation.
7. Allow for Expert Analysis: Your lawyer may bring in forensic engineers or medical specialists to examine the product and your injuries. Cooperate fully: expert reports are the backbone of a strong liability claim.
   
8. Pursue Compensation: With your product liability attorney, prepare to demand recovery for medical expenses, lost wages, pain and suffering, and, if warranted, punitive damages. Strategic negotiation or, if necessary, court action ensures that negligent manufacturers and sellers are held accountable.

By following these steps promptly and systematically, you’ll protect your rights and build the strongest possible Georgia product liability case.

Example of a Product Liability Lawsuit Against General Motors by Wetherington Law Firm

Why You Need a Product Liability Lawyer

Navigating a product liability claim on your own can be overwhelming. Georgia’s strict-liability law (O.C.G.A. § 51-1-11) sounds straightforward, but proving a defect, causation, and unaltered condition requires deep legal expertise. A seasoned product liability attorney will:

• Interpret Complex Statutes: Georgia’s law distinguishes among manufacturing defects, design defects, and warning-label failures. Your lawyer knows how to frame your claim under the right legal theory and cite the exact code sections to give your case the strongest foundation.
• Preserve Crucial Evidence: Defective products often get discarded or altered before you realize their legal value. An attorney immediately issues preservation notices, collects design schematics, testing reports, and packaging, and ensures nothing critical disappears.
• Leverage Expert Networks: Successful cases hinge on expert testimony from forensic engineers who recreate the failure mode to medical specialists who attest to the severity of your injuries. Your lawyer has established relationships with top professionals who can analyze the defect and quantify your damages.
• Counter Powerful Defendants: Manufacturers, distributors, and insurers have vast legal teams and deep pockets. Without experienced representation, their lowball offers and aggressive defenses (like product misuse arguments) can leave you undercompensated. Your attorney levels the playing field, negotiating firmly or taking your case to trial if needed.
• Maximize Your Recovery: Beyond medical bills and lost wages, you may be entitled to compensation for pain and suffering, disfigurement, and even in egregious cases punitive damages (O.C.G.A. § 51-12-5.1). A defective product lawyer ensures every category of loss is documented, valued, and pursued.
• Meet Critical Deadlines: Georgia’s two-year statute of limitations (O.C.G.A. § 9-3-33) starts running the moment you’re injured. Missing this window can forever bar your claim. A product liability attorney handles all filings and procedural requirements so you never risk forfeiting your rights.

We have a trusted network of forensic engineers and medical specialists who help us prove exactly how a product’s defect caused your injury. We handle the legal complexities, from navigating Georgia’s strict liability statute (O.C.G.A. § 51-1-11) to meeting the critical two-year filing deadline, so you can focus on healing while we fight to maximize your recovery for every loss.

Contact an Atlanta Product Liability Lawyer

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Get free case evaluation for product liability claims in Atlanta and throughout Georgia.

What is the Role of Expert Witnesses in Product Liability Cases?

Expert witnesses are the backbone of a strong product liability claim, translating complex technical and medical issues into clear, persuasive testimony. Here’s how they elevate your case:

1. Identifying and Explaining the Defect
   • Forensic Engineers analyze failed components, recreate the incident, and demonstrate exactly how a manufacturing or design flaw caused the injury. Their detailed failure-mode and effect analysis (FMEA) helps jurors see the defect in action.
   • Human Factors Specialists assess warnings and instructions, showing whether a reasonable user would have understood the risks or if labeling was insufficient.
2. Linking the Defect to Your Injury
   • Medical and Biomechanical Experts testify on how the defect physically harmed you, whether it’s lacerations from a faulty blade, nerve damage from a malfunctioning device, or long-term musculoskeletal issues. They establish the causal “chain of events” from defect to diagnosis.
   • Toxicologists or Pharmacologists may be called in cases involving chemical exposure or pharmaceuticals, explaining dosage errors, side effects, or contamination that breached safety standards.
3. Quantifying Damages and Future Needs
   • Vocational Economists project lost earning capacity when an injury affects your ability to work, calculating future income loss based on skills, age, and labor-market data.
   • Life-Care Planners outline the cost of ongoing medical care, assistive devices, home modifications, and rehabilitative services you’ll need over a lifetime.
4. Strengthening Credibility and Persuasion
   • By presenting peer-reviewed studies, industry standards (e.g., UL, ANSI), and previous recall data, experts lend authority to your claim.
   • Their credentials, relevant degrees, publications, and professional certifications, build trust with judges and juries.
5. Countering Defense Arguments
   • When defendants blame misuse or user error, experts can demonstrate that even a reasonably prudent consumer would have been at risk.
   • They refute alternative-cause theories, showing the defect not external factors was the substantial cause of the harm.

To ensure you receive full compensation, we work with life-care planners and vocational economists who calculate the long-term financial impact of your injury, including future medical costs and lost earning capacity. These experts counter defense arguments of product misuse and provide authoritative analysis that helps judges, juries, and insurers understand the true scope of your damages.

Contact an Atlanta Product Liability Attorney

Don’t face the aftermath of a dangerous product alone. Get the experienced product liability lawyer you need to hold negligent manufacturers and sellers accountable. Contact Wetherington Law Firm today for your free, no-obligation consultation, and let our team of experts fight to secure the full compensation you deserve for your medical bills, lost income, and pain and suffering. Call (404) 888-4444 now or fill out our online form to take the first step toward justice and recovery. We are happy to schedule a no-cost consultation with a skilled Georgia product liability lawyer.

Contact an Atlanta Product Liability Lawyer

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Get free case evaluation for product liability claims in Atlanta and throughout Georgia.