Product Liability Lawyers

Product liability law recognizes three categories of defects: (1) Design defects — the product's design is inherently dangerous even when manufactured correctly; (2) Manufacturing defects — errors during production cause the specific product to differ from its intended design; and (3) Marketing defects (failure to warn) — the product lacks adequate warnings, instructions, or labeling about known risks. Your claim may be based on one or more of these theories.

Not necessarily. Both Georgia (O.C.G.A. § 51-1-11) and South Carolina (S.C. Code § 15-73-10) recognize strict liability for defective products. Under strict liability, you only need to prove that the product was defective, the defect existed when it left the manufacturer's control, and the defect caused your injury. You do not need to prove the manufacturer was careless or negligent — only that the product was unreasonably dangerous.

In Georgia, the statute of limitations for personal injury from a defective product is 2 years from the date of injury (O.C.G.A. § 9-3-33), with a 10-year statute of repose from the date of first sale (O.C.G.A. § 51-1-11(b)). In South Carolina, you have 3 years from the date of injury (S.C. Code § 15-3-530), with a statute of repose that varies by product type. Contact an attorney promptly to ensure your claim is preserved.

The entire chain of distribution may be held liable: the product designer, the manufacturer, component parts suppliers, the distributor, the wholesaler, and the retailer that sold the product. This broad liability ensures that injured consumers can recover compensation even if the original manufacturer is foreign, bankrupt, or otherwise unreachable. Our attorneys identify all potentially liable parties to maximize your recovery.

Absolutely. The defective product is the single most important piece of evidence in a product liability case. Preserve it in its current condition — do not repair, modify, discard, or return it. Also preserve the packaging, instruction manual, warranty documents, and proof of purchase. Take photographs from multiple angles. If possible, document the scene where the injury occurred. Our attorneys can arrange proper forensic examination and chain-of-custody storage.

A product recall after your injury significantly strengthens your claim because it is an acknowledgment by the manufacturer or a regulatory agency (such as the CPSC or FDA) that the product poses a safety risk. However, a recall is not required to file a product liability claim — many dangerous products are never recalled. Conversely, if you were injured by a product that had already been recalled, the manufacturer's liability may be even greater.

It depends. Manufacturers have a defense if the product was substantially altered after leaving their control or if the consumer used the product in a way that was not reasonably foreseeable. However, foreseeable misuse — using a product in a way the manufacturer should have anticipated — does not bar your claim. Georgia's comparative fault rules may reduce your recovery based on your percentage of fault, but you can still recover damages if you are less than 50% at fault.

Product liability victims may recover: medical expenses (past and future), lost wages and future lost earning capacity, pain and suffering, emotional distress, scarring and disfigurement, loss of enjoyment of life, and property damage. In cases involving willful, reckless, or fraudulent conduct by the manufacturer, punitive damages may also be awarded to punish the defendant and deter future misconduct.

Product liability cases often require significant investment in engineering experts, laboratory testing, accident reconstruction, and depositions of corporate representatives. At Roden Law, we typically advance case costs and work on a contingency fee basis — you pay nothing upfront and owe no fees unless we win. We have the financial resources to go toe-to-toe with major manufacturers and their corporate defense teams.

The statute of limitations begins running when you are injured. The statute of repose sets an absolute outer deadline measured from a fixed event — typically the date the product was first sold. In Georgia, the statute of repose for product liability is 10 years from the date of first sale (O.C.G.A. § 51-1-11(b)). This means that even if your injury occurs within the 2-year statute of limitations, your claim may be barred if the product was sold more than 10 years before your injury.