Cannella Snyder is pleased to announce that Partner Rob Snyder was featured in the December 2023 edition of Lawyer Monthly magazine. Rob’s comprehensive insights into Product Liability Claims in Georgia shed light on the intricacies and nuances of this vital area of law.
The overview of Georgia’s product liability framework discusses the dual avenues of product liability claims in Georgia — strict liability and negligence. While strict liability is statute-driven, negligence aligns with common law principles. The landmark Banks v. ICI Americas, Inc. decision in 1994 by the Georgia Supreme Court outlined pivotal risk-utility factors, such as the product’s usefulness, potential dangers, the prevailing technology during production, risk awareness and alternative design feasibility.
Rob highlighted a crucial distinction; the time limitation. Strict liability claims are barred if not filed within a decade of the product’s initial sale. Conversely, negligence claims can go forward if exceptions for reckless design or inadequate warnings are applicable. He also detailed the differences between manufacturing and design defects, noting that a design flaw makes a product intrinsically unsafe for its intended use, while manufacturing defects arise due to production anomalies, leading to unforeseen hazards.
He also offered insight on how manufacturers can be held accountable for failing to provide adequate warnings. Whether it’s a hidden warning in a manual, an inadequate warning, or no warning at all, manufacturers must warn of known dangers, with human interaction science and expert testimonies playing crucial roles in proving the claims.
In defining product “defects,” Rob noted there are three criteria to classify a product as defective:
- Unsafe in its intended use.
- Unsafe due to foreseeable misuse.
- Deficient warnings or lack thereof.
In the article, Rob also detailed the compensatory and punitive damages available in product liability claims in Georgia. While compensatory damages cover tangible and intangible losses, punitive damages are meant to punish the manufacturer for egregious conduct. And while punitive damages are capped at $250,000 in most instances, they are not capped in product liability cases.
Rob’s extensive knowledge and experience have been instrumental in guiding clients through the complexities of product liability claims in Georgia, a testament to his commitment to holding manufacturers accountable and underscoring Cannella Snyder’s commitment to legal excellence.
Read the full article here.
