A two-year deadline isn't the only clock running on your product liability claim in Georgia.
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Product Liability Overview
The Second Deadline Most People Never Hear About in Product Liability Cases
Georgia gives injury victims two years from the date of injury to file most personal injury claims, and that includes product liability. But products liability claims carry a second, separate deadline that catches people off guard: a 10-year statute of repose. Under O.C.G.A. § 51-1-11, no strict liability claim can be brought more than 10 years after a product was first sold as new to its intended consumer, regardless of when the injury actually happened.
Negligence-based claims get a few narrow exceptions, including cases involving a failure to warn or a disease caused by long-term exposure, but strict liability claims don't. The clock starts at the first sale, not at manufacture, and not at the moment you were hurt. Georgia's Supreme Court has also confirmed that when the same product gets purchased repeatedly over the years, like a chemical or consumable product, each individual purchase starts its own ten-year clock rather than one deadline covering every unit you ever bought.
Defective Products Cause More Harm Than People Realize
Dangerous and defective products aren't a rare problem; they're a significant, ongoing public safety issue. According to the U.S. Consumer Product Safety Commission, deaths, injuries, and property damage linked to consumer products cost the country more than $1 trillion every year.
That figure spans everything from household appliances and children's toys to power tools and vehicles, the same broad category of products that shows up again and again in product liability claims.
Who Can Be Held Liable in a Product Liability Case?
Liability can extend to any party in a product's chain of distribution, including:
- The product's designer
- The manufacturer
- A manufacturer of a defective component part
- A party that assembled or installed the product
- The wholesaler or distributor
- The retailer that sold the product to you
More than one party is often liable at once, particularly in cases involving a defective component built into a larger finished product.
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Why Choose the Product Liability Lawyers at Turnbull, Moak & Pendergrass in Atlanta, Georgia?
Turnbull, Moak & Pendergrass is a national trial firm representing individuals who have suffered life-altering injuries due to dangerous and defective products. Our attorneys handle high-stakes litigation and bring the resources, preparation, and courtroom experience needed to take on complex product liability claims. With more than 127 cases taken to trial and 116 jury verdicts across 36 states, our team has a proven record of pursuing meaningful results for injured clients. Licensed in 10 states, we have secured verdicts of up to $37 million and consistently turned seven-figure cases into eight-figure results.
Our team’s professional recognitions and memberships include:
- Georgia Trial Lawyers Association
- Southern Trial Lawyers Association
- American Association for Justice
- National Trial Lawyers, Top 100
- The Best Lawyers in America®
- Martindale-Hubbell AV Preeminent Rating
- Super Lawyers
We offer free consultations and represent clients on a contingency fee basis, meaning you pay nothing unless we win. If you've been injured by a defective or dangerous product, contact Turnbull, Moak & Pendergrass today to discuss your case and learn how our product liability lawyers in Atlanta can help you pursue compensation.
Product Liability FAQs
What's the difference between the two-year deadline and the ten-year deadline?
The two-year deadline runs from your injury and applies to most personal injury claims. The ten-year statute of repose is specific to product liability and runs from the product's first sale, regardless of when you were hurt, and it can bar a claim even if you're still within the two-year window.
Can I still have a case if the product was altered before it hurt me?
Generally, no, if the alteration caused or contributed to the defect. Using a product as intended, without significant modification, is part of what you need to establish in a product liability claim.
Do I need to prove the manufacturer was negligent?
Not for a strict liability claim. You need to show that the product was defective and that the defect caused your injury, not that anyone was careless in making it.
Do I have to pay anything up front?
No. We take product liability cases on a contingency fee basis, so you owe nothing upfront, and payment only comes from a successful settlement or verdict.
