Bringing a defective product claim is a process built on proof, and the steps matter as much as the underlying injury. It is not enough to show that a product caused harm; Georgia law requires establishing that the product was defective, that the defect existed when it left the manufacturer, and that it caused the injury, along with a procedural requirement that surprises many people. How these pieces fit together, and what must be preserved and filed, divides a claim that can proceed from one that stalls at the outset.
The Elements of a Defective Product Claim
At its core, a defective product claim asks the injured person to establish a defined set of elements. In a strict liability claim, this generally means showing that the defendant was the manufacturer of the product, that the product was defective when it left the manufacturer’s control, and that the defective condition caused the injury. Negligence theories can run alongside strict liability, particularly against sellers in the distribution chain who are not manufacturers. Each element requires its own evidence, and the defect element is usually where the case is won or lost.
Proving the Defect Existed at Sale
A point that often determines a product case is timing: the defect must have existed when the manufacturer sold the product, not arisen later through wear, misuse, or modification. Georgia courts have long held that to impose strict liability, the plaintiff must show the product was defective when sold by the manufacturer. This is why a product that failed after years of hard use, or after someone altered it, presents a much harder claim. Establishing the product’s condition at the point of sale is frequently the central battleground.
The Expert Affidavit for Product Claims
Here is the requirement that catches many people off guard: Georgia’s expert affidavit rule under O.C.G.A. § 9-11-9.1 reaches product liability claims, not just medical or professional malpractice. The affidavit must come from an expert competent to testify about the product and must specify the defective condition and the factual basis connecting it to the injury. A product claim filed without a compliant affidavit faces the same risk of dismissal as a malpractice claim that omits one, which makes early expert involvement essential.
Preserving the Product
In a product case, the product itself is often the single most important piece of evidence. Steps that protect a claim from the outset include:
- Preserving the product in its post-injury condition, without repair or alteration.
- Documenting where the product is stored and maintaining a clear chain of custody.
- Keeping packaging, manuals, and any warnings that came with it.
- Photographing the product and the scene of the injury.
Once the product is repaired, discarded, or lost, proving the defect becomes far more difficult, and a defendant may argue the evidence was not preserved.
The Steps in Sequence
Taken together, a defective product claim tends to move through a recognizable sequence: preserving the product and evidence, investigating and identifying the defect with expert help, confirming the responsible parties in the chain of distribution, preparing the required affidavit, and filing within the applicable deadlines. Because the ten-year statute of repose and the two-year limitations period both apply, sequencing these steps without delay protects the claim.
Frequently Asked Questions
What do I have to prove in a defective product claim?
Generally that the defendant manufactured the product, that it was defective when it left the manufacturer’s control, and that the defect caused the injury. Negligence theories may also apply to non-manufacturer sellers.
Why does it matter when the defect arose?
The defect must have existed when the product was sold, not developed later through wear, misuse, or modification. Establishing the product’s condition at sale is often the central issue.
Does a product liability claim need an expert affidavit?
Yes. Under O.C.G.A. § 9-11-9.1, product liability claims require an affidavit from a qualified expert specifying the defect and connecting it to the injury, or the claim risks dismissal.
Why is preserving the product so important?
The product is usually the key evidence. If it is repaired, discarded, or lost, proving the defect becomes much harder, and the defense may challenge the integrity of the evidence.
A defective product claim runs on proof of the defect, its existence at sale, and the affidavit requirement. A Georgia personal injury attorney can walk through the steps a specific claim would involve.