A product liability wrongful death claim is a wrongful death action in which the cause of the death is alleged to be a defective or unreasonably dangerous product. In Georgia, this type of claim combines two bodies of law: the state’s wrongful death statutes and its product liability statutes. This guide explains how those rules fit together.
The Two Legal Foundations
Georgia’s wrongful death law, found in Chapter 4 of Title 51 of the Official Code of Georgia Annotated, allows certain survivors to recover for a death caused by another party’s wrongful conduct. Under O.C.G.A. Section 51-4-2, the claim for the death of a spouse or parent belongs first to the surviving spouse, and if there is no surviving spouse, to the children. The statute measures damages by the “full value of the life of the decedent,” a concept defined in O.C.G.A. Section 51-4-1.
Georgia’s product liability law supplies the theory of fault when the alleged cause of death is a product. The central statute is O.C.G.A. Section 51-1-11. When a death is caused by a defective product, the survivors may bring a wrongful death action that relies on product liability principles to establish that the product, and the parties responsible for it, caused the death.
Strict Liability for Manufacturers
A defining feature of Georgia product liability law is strict liability for manufacturers. Under O.C.G.A. Section 51-1-11(b), the manufacturer of personal property sold as new may be held liable when the property, when sold, was not merchantable and reasonably suited to the use intended, and its condition when sold was the proximate cause of the injury. The phrase “strict liability” means a claimant generally does not have to prove that the manufacturer was negligent or careless. The focus is on the condition of the product itself rather than on the manufacturer’s conduct.
Georgia courts have recognized that a product can be defective in different ways. A manufacturing defect exists when a particular item departs from its intended design. A design defect exists when the design itself renders the product unreasonably dangerous. A failure-to-warn defect exists when the product lacks adequate warnings or instructions about a danger associated with its use. Strict liability under Section 51-1-11 applies to manufacturers; the analysis for other parties in the chain of distribution can differ.
Sellers Treated as Manufacturers
Georgia law generally distinguishes between manufacturers and non-manufacturer sellers, such as retailers and distributors. A separate statute, O.C.G.A. Section 51-1-11.1, addresses when a product seller may be treated as a manufacturer. The general rule is that a product seller is not a manufacturer and is not subject to manufacturer strict liability merely for selling the product. There are circumstances, however, in which the law treats a seller as a manufacturer, and the precise application of that rule depends on the facts of the case.
The Privity Requirement and Its Modern Form
Historically, a person could sue only the party with whom they had a direct contractual relationship, a concept known as privity. O.C.G.A. Section 51-1-11 modified that rule for product liability. The statute allows a manufacturer of personal property sold as new to be held liable to a natural person who may reasonably be expected to use, consume, or be affected by the product, even without direct privity between that person and the manufacturer. This is significant in wrongful death cases because the deceased person, and the survivors bringing the claim, frequently had no direct contract with the manufacturer.
The Ten-Year Statute of Repose
Product liability claims in Georgia are subject to a statute of repose. O.C.G.A. Section 51-1-11(b)(2) provides that no action may be commenced for an injury after ten years from the date of the first sale for use or consumption of the personal property that caused the injury.
A statute of repose is an absolute outer limit. It is measured from the first sale of the product, not from the date of the injury or death, and once the ten-year period runs the cause of action is generally extinguished. Georgia courts have addressed how the first-sale date is identified, including in cases involving products that are purchased repeatedly, and have construed the ten-year period as running on a per-unit basis from the sale of the individual unit involved.
The statute contains exceptions. Georgia courts have recognized that the ten-year repose period does not apply to claims based on failure to warn. In addition, O.C.G.A. Section 51-1-11(c) provides an exception for conduct that manifests a willful, reckless, or wanton disregard for life or property. Because of these exceptions, the repose analysis can be nuanced and depends on the specific theory of the claim.
A product liability wrongful death claim also remains subject to the general two-year wrongful death statute of limitations, which is separate from the ten-year repose period. The two-year period and the ten-year period serve different functions, and a claim must satisfy both.
Damages in a Product Liability Wrongful Death Case
When a death is caused by a defective product, the measure of recovery follows the wrongful death statutes. The survivors may recover the full value of the life of the decedent, which Georgia law defines without deducting for the decedent’s personal expenses. In addition, the decedent’s estate may have a separate survival claim under O.C.G.A. Section 9-2-41 for items such as the decedent’s own pre-death pain and suffering and related medical and funeral expenses. The wrongful death claim and the estate’s survival claim are distinct causes of action addressing different categories of loss.
Rejected Theories
O.C.G.A. Section 51-1-11 also makes clear that Georgia does not recognize certain expansive liability theories. The statute expressly rejects market-share, enterprise, and other industry-wide theories of liability that would allow recovery without proof that a particular defendant’s product caused the harm. A claimant generally must connect the death to an identifiable product and the parties responsible for it.
Conclusion
A product liability wrongful death claim in Georgia is a wrongful death action in which the death is alleged to have been caused by a defective or unreasonably dangerous product. It draws on the wrongful death statutes for who may sue and how damages are measured, and on O.C.G.A. Section 51-1-11 for the theory of fault, including strict liability for manufacturers of products sold as new. The claim is bounded by both the two-year wrongful death statute of limitations and the ten-year product liability statute of repose, the latter measured from the product’s first sale and subject to specific statutory exceptions.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.