Is a Manufacturer Liable When a Customer Installs a Third-Party Product?

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Georgia law holds manufacturers liable if they fail to exercise “reasonable care” when designing or producing its products. In practical terms, this does not mean the product must be 100% safe. Rather, it must be “reasonably safe for intended or foreseeable uses.”

Woods v. ARE Accessories, LLC

When is a product’s use “foreseeable” to the manufacturer? That is a question the Georgia Court of Appeals recently confronted in a product liability case involving a truck cap. The defendant in this case is a popular manufacturer of truck caps–that is, the shells that fit over the flatbed of a pickup truck.

The plaintiff worked for Fayette County Department Fire and Emergency Services. The Department purchased a truck and fitted it with one of the defendant’s truck caps in November 2012. A year later, in November 2013, the Department had a truck bed extender–a roll-out shelf–installed in the vehicle. Although the defendant produced an extender that was fully compatible with its truck cap, the Department decided to use a third-party product instead.

Nine days after installing the third-party extender, the plaintiff’s accident occurred. The plaintiff opened the truck cap to access the contents of the truck bed. The truck cap door failed to stay in its raised position, however, and suddenly came down on the plaintiff’s head. The plaintiff subsequently sued the defendant, alleging the defective design of its truck cap caused the accident.

As the Court of Appeals explained, the defendant was not liable under the facts of this case. The principal defect in the plaintiff’s argument for strict liability was the Department’s decision to install the third-party extender in the truck. Here is why. The Department’s own investigation of the accident revealed the third-party extender “hit and dislodged a joint on one of the gas struts” on the truck cap door. This caused the strut to detach and, consequently, the door to fall on the plaintiff.

As mentioned above, the defendant manufactured its own truck bed extender that was specifically designed to fit with its truck cap. This extender apparently would not have hit and dislodged the joint. More to the point, the defendant said it had no evidence prior to the plaintiff’s accident that any kind of truck extender could cause the door of its truck cap to fail.

In response, the plaintiff maintained that it was “reasonably foreseeable” that customers would install third-party truck extenders and, due to the defective design in the truck cap, that would lead to a failure of the truck cap. The Court of Appeals disagreed. It said there was no evidence that the Department’s “misuse” of the truck cap and truck extender was foreseeable by the defendant. Indeed, the undisputed evidence showed the defendant had no knowledge of the third-party manufacturer or its product prior to this litigation. Given all this, the Court of Appeals agreed with a lower court’s decision to dismiss the plaintiff’s lawsuit.

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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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