In order to be successful in a products liability case, the following must be proven:
The product had a defect at the time of injury or death;
The defective condition was the cause of death;
The product was in basically the same condition as it was when it left the manufacturer; and
The decedent used the product as it was intended to be used
In Georgia, you generally do not have to prove that the manufacturer was negligent. Most Georgia products liability cases are governed by strict liability. This means you simply need to prove the above elements in order for the manufacturer to be held legally responsible. In order to determine precisely what kind of defective product case you are going to bring, it’s in your best interest to contact an experienced attorney right away.