How does a court determine liability for a defective product?

Determining liability for a defective product in Georgia courts begins with establishing whether a product is legally considered ‘defective’. According to state law, a product must be manufactured or sold negligently to be considered defective, and there must be a reasonable expectation of danger. This expectation of danger must be identifiable prior to the use of the product, not arising from the misuse of a product. Once it is established that a product is legally defective, courts will then determine the liability of who is responsible for the defect in the product. Generally, the entity who manufactured, designed, distributed, or sold the product is liable for any injuries caused by its defect. The party that is deemed liable may also include parties that are involved in the supply chain, such as retailers or wholesalers. Those who are deemed liable may be responsible for all of the damages caused by the defective product, such as medical bills, lost wages, and funeral costs. Additionally, they may be responsible for any pain and suffering that resulted from the defect. Courts may also award punitive damages if the defective product was found to be exceptionally dangerous or if the manufacturer showed extreme negligence in its creation, distribution, or sale. In very rare cases, a court may deem more than one party responsible for the defect. This is called joint and several liability, and it is usually only applicable in cases where the court cannot determine which specific party is entirely liable for the defective product. Through this method of liability, each responsible party is held accountable for the entire amount of damages.

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How does a court determine liability for a defective product?

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