Does Georgia Law Require Manufacturers to Warn Third Parties About Dangerous Products?

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When it comes to product liability, Georgia courts have long held that a manufacturer can be held responsible for its “failure to warn” customers about potentially harmful defects that it knew about (or should have known about). This duty extends to any “nonobvious foreseeable danger” arising from the normal use of a given product. In other words, a manufacturer has no duty to warn you of the risks of using its product in something other than its intended manner.

Reichwaldt v. General Motors LLC

Does this duty to warn extend to third parties–i.e., individuals other than the actual customers–who may be harmed by the normal use of the product? In 2016 we discussed a Georgia Supreme Court decision, Certainteed Corporation v. Fletcher, involving a pipe manufacturer whose products contained asbestos. In that case, a woman developed mesothelioma after inhaling asbestos dust from clothing worn by her father, who worked with the defendant’s pipes. The Supreme Court said it was “disinclined” to hold that the manufacturer “owed a duty to warn third parties based on the fact that, in this case, such a warning may have been effective.”

More recently, a federal judge in Atlanta rejected a failure to warn claim raised by the victim in a car accident. The plaintiff here was driving her own car down a road in Nebraska when she collided with a General Motors truck that had “spun out of control and crossed the median,” according to court records. The collision crushed the GM truck’s gas tank, which caused an explosion that severely burned the plaintiff.

The plaintiff sued GM under Georgia law, alleging a defect in the truck’s design created an unreasonable risk that the gas tank would explode. Furthermore, she alleged that GM knew of this risk before it started marketing this model of truck more than 40 years ago, and it therefore had a duty to warn third parties such as herself of the danger. GM moved to dismiss this portion of the plaintiff’s complaint.

The judge granted GM’s motion in a January 9 order. Largely relying on the Georgia Supreme Court’s 2016 decision, the judge in this case said the “same reasoning applies” to defeat the plaintiff’s theory of liability. The judge noted there are thousands of GM pickup trucks currently in service and “there are countless individuals who could foreseeably come into contact with” them. It would therefore be “impractical, if not impossible” for GM to warn all of these third parties. As a matter of “public policy,” the courts could not extend failure-to-warn liability in this manner.

The court also rejected the plaintiff’s argument that GM failed in its duty to warn the owner of the truck itself, and this was the “proximate cause” of the plaintiff’s burn injuries. As the judge explained, the Georgia Supreme Court considered and rejected a similar argument in the Certainteed litigation.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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