Products Liability Law

Products liability claims can be brought against manufacturers, assemblers, sellers, and anyone else involved in the design, manufacture, sale or distribution of an allegedly defective product. These claims can be based on negligence, strict liability or an alleged breach of warranty, and can seek damages for both personal injuries and property damage. Most often, plaintiffs allege that the product was defective as a result of a design or manufacturing issue or that the product was defective because insufficient warnings or instructions were not provided by the manufacturer, seller, etc.Georgia, and other jurisdictions, have enacted comprehensive products liability statutes and regulations.

In addition, there are numerous industry standards which have to be considered. Typically these claims are based on an alleged violation of a state statute, but they can be filed in either state or federal court. Because target defendants are often involved, products liability claims can create significant exposure for the defendant. Typically, defense of products liability claims involves the use of expert witnesses and requires an in-depth knowledge of the related technical information. The defense of these claims is most often successful where a team approach is used involving qualified attorneys, dedicated staff personnel, and retained experts with knowledge in the pertinent field.

McLain & Merritt, P.C. has substantial experience defending products liability suits on behalf of insurance companies as well as self-insured corporate defendants. In addition to defending products liability claims, the attorneys at McLain & Merritt are qualified through experience and expertise in counseling corporate defendants on related issues, such as labeling and providing appropriate warnings. This service is intended to avoid or minimize potential claims and to establish procedures to assist in the defense of future claims. We invite you to contact us if you have a question in this area.