What are the elements of a “strict liability” defective products claim?
The elements of a “strict liability” defective products claim in Georgia are: 1. The product must be used or expected to be used for the purpose intended and for the benefit or protection of the user or consumer. 2. The defective product was sold in a defective condition which was unreasonably dangerous to the user or consumer. 3. The defect existed at the time of manufacture or assembly. 4. The defect caused injury or damage to the user or consumer. 5. The injured or damaged user or consumer had no knowledge of the defect and no opportunity to discover it. Under Georgia’s strict liability statute, a manufacturer or distributor of a defective product can be held liable if any of the above elements are present and the consumer or user is injured or damaged as a result of the defect. The law does not require any negligence or fault by the manufacturer or distributor. In other words, the law does not require a showing that the manufacturer or distributor acted unreasonably in producing or distributing the defective product.
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