What is the difference between a manufacturer’s defect and a design defect in a defective products case?
In Georgia, the difference between a manufacturer’s defect and a design defect in a defective products case is generally that a manufacturer’s defect is a flaw or fault in the product due to an error during its manufacture. This could include incorrect material or parts being used, or improper assembly of the product. On the other hand, a design defect is an issue that arises because of the product’s inherent design, regardless of how the product was produced. For example, if a product is designed such that a user could be harmed by using it, that is a design defect. Under Georgia law, the relevant statute of limitations sets a two-year time limit from the date the defect is discovered or should have been discovered. Additionally, a plaintiff has a “duty to exercise reasonable diligence” to discover any latent or concealed defects. It is important to note that the plaintiff does not need to know the precise cause of the defect in order to bring their lawsuit, but rather, a plaintiff must merely prove that the product was in a defective condition when it left the seller’s control. Due to the complexities of defective products cases, it is highly recommended that any plaintiff seeking to bring such a lawsuit consult with a qualified attorney who can help them understand the details of their potential claim, and advise them on the best course of action.
Related FAQs
What are my rights in a defective products case?How do I know if I am a “consumer” in defective products law?
What is a warning label in defective products law?
What are the different types of defective products laws?
Are there any defenses available to a product seller in a defective products case?
Who is liable for a defective product?
What are the elements of a “strict liability” defective products claim?
Are there any defenses available to a product manufacturer in a defective products case?
What type of proof do I need to establish a defect in a product?
What is a manufacturer's duty of care in defective products law?
Related Blog Posts
What Every Consumer Must Know About Defective Products Law - July 31, 2023Understanding Your Rights: Defective Products Law Explained - August 7, 2023
What You Need to Know Before Filing a Defective Product Lawsuit - August 14, 2023
What to Do After Being Injured by a Defective Product - August 21, 2023
When to Seek Legal Representation for Defective Products Law Cases - August 28, 2023