What is the duty of care in a defective products case?
The duty of care in a defective products case is an important element of liability. This is the legal requirement that someone take reasonable steps to prevent harm from a product. In Georgia, manufacturers have a higher duty of care than sellers or distributors of the product. This means that the manufacturer must take greater responsibility for making sure the product is safe for its intended use. For example, if a manufacturer produces a car and fails to install safety features like air bags, they can be liable if someone is injured due to the lack of these safety features. This is because the manufacturer had a duty of care to ensure the product was safe and suitable for its intended use. Similarly, a seller or distributor of the product may be liable if they failed to make sure the product was safe and suitable for its intended use. The duty of care also applies if a product has a manufacturing defect. In these cases, the manufacturer is liable for any harm caused by the defect. The duty of care means the manufacturer must take reasonable steps to design the product safely, test it, and use quality control processes to prevent defective products from being sold. In summary, the duty of care in a defective products case outlines the legal obligation of manufacturers to take reasonable steps to ensure the safety and suitability of the product for its intended use. This includes taking responsibility for any harm caused by the product or its manufacturing defect.
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