Defective Product Wrongful Death Claims in Georgia & South Carolina
When a defective product causes a death, the manufacturer, distributor, and retailer may all be held liable under product liability law. The U.S. Consumer Product Safety Commission (CPSC) receives reports of thousands of product-related deaths each year, involving everything from defective vehicles and auto parts to dangerous household appliances, children’s products, and industrial equipment. These deaths are often entirely preventable if the product had been properly designed, manufactured, and tested.
At Roden Law, our defective product death lawyers represent families across Georgia and South Carolina who have lost loved ones to dangerous products. We pursue accountability against every entity in the chain of distribution — from the manufacturer to the retailer — to secure maximum compensation for the surviving family.
Georgia Product Liability Law
Georgia’s product liability framework allows wrongful death claims based on three theories of liability:
- Design defect: The product was inherently dangerous due to its design, and a safer alternative design was feasible
- Manufacturing defect: The product deviated from its intended design during production, making it unreasonably dangerous
- Failure to warn (marketing defect): The product lacked adequate warnings or instructions about known risks
Georgia applies a negligence-based standard for product liability claims under O.C.G.A. § 51-1-11, requiring proof that the defendant failed to exercise reasonable care. The wrongful death statute (O.C.G.A. § 51-4-1 et seq.) provides the framework for surviving family members to recover damages.
South Carolina Product Liability Law
South Carolina allows product liability claims under both negligence and strict liability theories. Under strict liability, the plaintiff does not need to prove the manufacturer was negligent — only that the product was defective and unreasonably dangerous when it left the manufacturer’s control. South Carolina’s wrongful death statute (S.C. Code § 15-51-10 et seq.) allows the estate’s personal representative to bring the action.
Common Defective Products That Cause Deaths
Product liability wrongful death cases commonly involve:
- Defective vehicles — rollover-prone designs, faulty ignition switches, defective airbags (including Takata recalls)
- Defective auto parts — tire blowouts, brake failures, steering defects
- Dangerous pharmaceutical drugs and medical devices
- Defective industrial and construction equipment
- Dangerous children’s products — choking hazards, toxic materials, unstable furniture
- Defective household appliances — electrical fires, gas leaks, carbon monoxide exposure
- Defective safety equipment — helmets, harnesses, fall protection that fails to perform
Our product liability lawyers handle the full spectrum of defective product cases. When defective products cause deaths on construction sites, our workplace fatality lawyers coordinate both product liability and wrongful death claims for maximum recovery.
Proving a Defective Product Death Case
These cases require expert testimony from engineers, materials scientists, and industry specialists who can identify the specific defect, demonstrate that the product was unreasonably dangerous, and establish the causal connection between the defect and the death. Our attorneys work with these experts and also investigate whether the manufacturer was aware of the defect through prior complaints, recalls, or internal testing data.
Contact Roden Law for a Defective Product Death Case
Product evidence must be preserved immediately — do not dispose of, repair, or alter the product involved in the death. Georgia’s statute of limitations is 2 years (O.C.G.A. § 9-3-33) with a 10-year statute of repose for product liability. South Carolina’s is 3 years (S.C. Code § 15-3-530) with a similar repose period. Contact Roden Law for a free consultation.
