No one would buy something if they knew it was defective, dangerous, and could end up hurting them or their loved ones. Who would buy a medication that causes harm instead of healing? Who would buy a car that explodes when rear-ended? Who would buy toys for children that could choke them?
The truth is that many people do this without knowing it. The fault doesn’t lie with the consumer. It’s the manufacturers that have failed to meet their legal duty to make sure the products they sell to consumers are reasonably safe. Our product liability lawyer in Atlanta can help.
If you or a family member suffered serious injuries from a defective product in Atlanta, you may be entitled to compensation from the manufacturer, distributor, or retailer responsible for putting that dangerous product into your hands. Georgia’s strict liability laws hold companies accountable when their products cause harm, meaning you do not have to prove the company was negligent—only that the product was defective and that defect caused your injuries. The experienced Georgia product liability lawyers at Butler Kahn help people and families pursue justice after catastrophic injuries caused by dangerous vehicles, defective medical devices, unsafe medications, and other hazardous products.
No one would knowingly buy something that could hurt them or their loved ones. Who would purchase a medication that causes harm instead of healing? Who would buy a vehicle that explodes when rear-ended? Who would give children toys that could choke them? The truth is that many people do this without knowing it because the manufacturers failed to meet their legal duty to make products reasonably safe. Our Atlanta personal injury attorney team can help you hold those companies accountable.
Why People in Atlanta Choose Butler Kahn for Product Liability Cases
Product liability cases are complex legal battles against some of the largest corporations in the world. These manufacturers have teams of lawyers and experts ready to defend against injury claims. You need attorneys who have the experience, resources, and determination to take on these powerful defendants—and win.
Butler Kahn secured a $150 million jury verdict against Chrysler for a family after a dangerous gas tank design in a Jeep Grand Cherokee caused the vehicle to explode in a rear-end collision, killing a four-year-old boy. Our attorneys have written articles in legal journals teaching other lawyers how to handle automotive product liability cases. We know how to investigate defective products, work with expert engineers and medical professionals, and present compelling cases to juries.
We take only a limited number of cases each year so we can concentrate on seeking the best results for each client. Our Atlanta product liability attorneys understand that you only have one chance at seeking compensation for your injuries. We are committed to doing everything possible to ensure that your one shot counts. Learn more about why clients choose Butler Kahn for their serious injury cases.
Proven trial experience – We have won verdicts and settlements against major manufacturers including Chrysler, tire companies, and medical device makers
Selective caseload – We take fewer cases on purpose so we can devote full attention to each client
Deep resources – We work with engineers, medical experts, and accident reconstruction specialists to build powerful cases
No fee unless we win – You pay nothing unless we recover compensation for you
Local Atlanta office – Conveniently located at 10 Lenox Pointe in Atlanta
What Is Product Liability?
Product liability refers to the legal responsibility that manufacturers, distributors, and sellers have when they allow a defective product to reach consumers. Companies have an obligation to deliver products that are not unreasonably dangerous. When a company fails to meet this duty and someone gets hurt, the injured victim can pursue compensation from those responsible.
Georgia law recognizes that consumers cannot always protect themselves from hidden defects in products. That is why the state imposes strict liability on manufacturers—meaning injured victims do not have to prove the company was careless or negligent. If the product was defective and that defect caused injuries, the manufacturer can be held liable. This legal framework helps level the playing field between injured individuals and powerful corporations. Product defects frequently cause serious injuries including traumatic brain injuries, spinal cord damage, severe burns, and wrongful death.
What You Must Prove in a Georgia Product Liability Claim
Georgia holds product manufacturers strictly liable for defective products that harm people. If a company makes a defective product and that product hurts someone, the company can be required to pay compensation to the victim. Our Atlanta product liability law firm can help you establish the necessary elements of your claim.
To succeed in a Georgia product liability case, you generally must prove the following elements:
1. An Injury Occurred
You must show the nature and extent of your injuries. Medical records, injury reports, medical bills, and testimony from treating physicians are common forms of evidence used to prove injuries resulted from the defective product. Product defects can cause catastrophic injuries including traumatic brain injuries, spinal cord damage, severe burns, and wrongful death.
2. The Product Was Defective
You must demonstrate that the product was defective at the time you used it. Under Georgia law, products can be defective in three ways: they were improperly designed, they were poorly or improperly manufactured, or they lacked necessary warnings about dangers. Our attorneys work with product engineers and safety experts to identify and prove how products fail.
3. The Defect Caused the Injury
You must establish a direct connection between the product defect and your injuries. In product liability cases, experts such as engineers, medical professionals, and accident reconstructionists can demonstrate how the defect led to the injuries you suffered. Understanding how fault is determined is critical in building a strong case.
4. You Were Using the Product as Intended
You must show that you were using the product in a way that any reasonable consumer would have used it, or in a manner that was foreseeable by the manufacturer. Manufacturers cannot escape liability by arguing that consumers used their products in slightly different ways than explicitly described.
Types of Product Defects Under Georgia Law
Georgia recognizes three categories of product defects that can form the basis of a product liability claim. Understanding which type of defect caused your injury helps determine who may be liable and how to build your case.
Design Defects
A design defect exists when the fundamental design of a product makes it unreasonably dangerous, even when manufactured correctly. Every product made according to that design will have the same dangerous flaw. Examples include vehicles with gas tanks positioned in locations vulnerable to rupture during collisions, power tools without adequate safety guards, and children’s products with small parts that present choking hazards. Design defect cases often affect many consumers and can lead to recalls or widespread litigation.
Manufacturing Defects
Manufacturing defects occur when something goes wrong during the production process, causing a specific product or batch to deviate from the intended design. Unlike design defects, manufacturing defects typically affect only some units of a product. Examples include a car with improperly installed brake components, a medication batch contaminated during production, or a ladder with a defective weld that fails under normal use.
Marketing Defects (Failure to Warn)
Marketing defects, also called failure-to-warn defects, occur when a product lacks adequate instructions or warnings about potential dangers. Even a well-designed and properly manufactured product can be considered defective if the manufacturer fails to warn consumers about risks associated with its use. Examples include medications without warnings about dangerous side effects, power tools without proper safety instructions, and household chemicals without adequate hazard labels.
Types of Product Liability Cases Our Atlanta Law Firm Handles
At Butler Kahn, our experienced Atlanta product liability lawyers handle many different types of cases involving dangerous and defective products. We focus on cases involving serious injuries and wrongful death. View our case results to see how we have helped other clients.
Auto Defects
Automobile manufacturers and auto parts makers owe consumers a duty of care to design vehicles that keep motorists safe. Auto defects frequently cause catastrophic injuries because vehicles are heavy machines that operate at high speeds. When safety systems fail, the results can be devastating. Butler Kahn attorneys have proven trial experience against major vehicle manufacturers and have secured substantial verdicts for families harmed by defective vehicles.
Common types of auto defects that can cause injuries or worsen car accident outcomes include:
Brake malfunctions – Defective brake components that fail to stop vehicles
Seatbelt defects – Restraint systems that unlatch, tear, or fail to properly restrain occupants
Tire defects – Tires that experience blowouts or tread separation during normal driving
Airbag defects – Airbags that deploy with excessive force, fail to deploy, or deploy unexpectedly
Child car seat defects – Car seats that fail to protect children in crashes
Steering and suspension failures – Components that cause drivers to lose control
Roof crush defects – Weak roof structures that collapse in rollover accidents
If you’ve been injured by a defective vehicle, contact our defective products lawyers. We understand product liability laws and can help you with your claim. Many vehicle defect cases also involve truck accidents and motorcycle accidents where equipment failure contributed to the crash.
Dangerous Children’s Products and Toys
Children are especially vulnerable to product defects because they cannot recognize dangers and protect themselves. Manufacturers of children’s products have a heightened responsibility to ensure their products are safe. When they fail, the consequences can be tragic.
Common examples of dangerous or defective children’s products include:
Faulty car seats and strollers – Restraint failures, collapse hazards, and entrapment risks
Toys with sharp edges – Products that can cause cuts, punctures, or lacerations
Choking hazards – Small parts that can block airways
Strangulation risks – Cords, straps, and strings that can wrap around necks or limbs
Dangerous children’s clothing – Drawstrings, buttons, and flammable materials
Defective cribs and baby beds – Entrapment hazards, collapse risks, and suffocation dangers
Water-absorbing toys – Products that expand when swallowed and cause intestinal blockages
Toxic materials – Lead paint, phthalates, and other harmful substances in children’s products
All it takes is one design defect in a toy or other children’s product to cause a child injury. If your child has been injured, get help from our Georgia product liability attorneys today. These cases may also involve wrongful death claims when defects prove fatal.
Dangerous Medications
Drug manufacturers must follow the Food and Drug Administration’s guidelines regarding the manufacturing, promotion, and sale of pharmaceutical products. They also carry the responsibility of notifying doctors and consumers of the drug’s potential side effects. Even when manufacturers follow FDA regulations, they can still be held liable for dangerous drugs and medications that cause harm.
Dangerous medication cases may involve:
Drugs with undisclosed or inadequately warned side effects
Medications that interact dangerously with other common drugs
Contaminated or improperly manufactured drug batches
Drugs marketed for off-label uses without proper testing
Medications withdrawn from the market after causing widespread harm
Defective Medical Devices
Medical devices have improved health care for many patients, but these devices can have catastrophic consequences when they are defective. Instead of helping patients heal, defective medical devices can cause additional injuries, complications, and even death. Some manufacturers try to cover up problems and deny that anything is wrong with their devices rather than issuing recalls.
Examples of medical devices that have seen defects and prompted lawsuits include:
Defibrillators – Small electronic devices implanted in the heart that can malfunction and deliver incorrect shocks
Hip and knee implants – Prosthetic joints that fail prematurely, cause metal poisoning, or require revision surgery
Stents – Tubes inserted into arteries that can migrate, fracture, or cause clotting
Surgical mesh – Implants used in hernia and pelvic organ repairs that can erode, migrate, or cause infections
Pacemakers – Heart rhythm devices with defective leads or software failures
Insulin pumps – Diabetes management devices that deliver incorrect doses
Defective Tools and Equipment
Each year in Atlanta, many accidents are attributed to defective tools and equipment. Power tools, industrial machinery, and construction equipment can cause devastating injuries when safety features fail or designs are inadequate. If an accident occurs in the workplace, the injured employee may have a product liability case in addition to a workers’ compensation claim.
Common defective tool and equipment cases include:
Power saws and cutting tools without adequate blade guards
Nail guns that discharge unexpectedly
Ladders that collapse or have defective locks
Industrial machinery with inadequate safety interlocks
Pressure washers and compressors that fail catastrophically
Defective Household Appliances
Household appliances are used daily by families throughout Atlanta. When these products are defective, they can cause fires, electrocutions, burns, and other serious injuries in the home. Defective appliances can also lead to premises liability claims when landlords or property managers fail to maintain or replace dangerous equipment. Defective appliance cases may involve:
Washing machines and dryers that catch fire
Refrigerators with defective compressors
Space heaters that overheat and ignite
Pressure cookers that explode
Electric blankets and heating pads that cause burns
Kitchen appliances with electrical defects
How Much Is Your Product Liability Case Worth?
Every product liability case is different, and there is no way to predict exactly how much your particular case is worth without a thorough investigation. The value of your claim depends on factors including the severity of your injuries, the impact on your ability to work, your medical expenses, and the strength of the evidence against the defendant. Learn more about types of compensation available in Georgia personal injury cases.
If you have a viable product liability claim, you may be entitled to compensation for:
Medical bills – Past medical expenses and estimated future treatment costs
Lost wages – Income lost while recovering from your injuries
Loss of future earnings – Reduced earning capacity if you cannot return to your previous work
Pain and suffering – Physical pain and emotional distress caused by your injuries
Permanent disability – Compensation for lasting impairments
Disfigurement – Scarring and other visible injuries
Loss of consortium – Impact on your relationship with your spouse
Wrongful death damages – Compensation for surviving family members when a defective product causes death
In some cases involving particularly reckless conduct by manufacturers, punitive damages may also be available. Punitive damages are intended to punish wrongdoing and deter similar conduct in the future.
What to Do After a Defective Product Injury in Atlanta
If you have been injured by a dangerous product, taking the right steps early can improve your chances of having a successful claim. Here is what our Atlanta product liability lawyers recommend:
1. Get Medical Attention
Your health is the top priority. Seek medical care for your injuries and follow your doctor’s treatment recommendations. Medical records documenting your injuries and treatment are essential evidence in product liability cases.
2. Preserve the Product
If possible, keep the defective product as evidence. Do not throw it away, repair it, or allow anyone else to examine it without your attorney’s knowledge. If the product was defective due to a manufacturing error, having the actual item is critical evidence. Store the product in a safe place where it will not be disturbed.
3. Document Everything
Collect and preserve any information about the product, including sales receipts, packaging, instruction manuals, warranty information, and maintenance records. Take photographs of the product, your injuries, and the scene where the injury occurred. Write down what happened while the details are fresh in your memory.
4. Do Not Discuss the Incident
Avoid giving statements to insurance companies or manufacturer representatives without first speaking with an attorney. What you say can be used against you. Do not post about the incident on social media. Learn more about dealing with insurance companies after an injury.
5. Schedule a Free Consultation
There are time limitations on product liability cases under Georgia law. The sooner you meet with the experienced Atlanta defective product attorneys at Butler Kahn, the faster we can get to work investigating your injury and the defective product that caused it. Review our frequently asked questions for more information about the legal process.
Georgia Product Liability Law Explained
Georgia’s product liability laws provide important protections for consumers injured by defective products. Understanding these laws helps you know your rights and what to expect in a product liability case.
Strict Liability in Georgia
Georgia applies the doctrine of strict liability to product liability cases. Under O.C.G.A. § 51-1-11, manufacturers can be held liable for injuries caused by defective products without the injured person having to prove negligence. This means you do not have to show that the manufacturer was careless or failed to take reasonable precautions—only that the product was defective and caused your injuries.
Comparative Fault
Georgia follows a modified comparative fault rule. If you were partly at fault for your injuries, your compensation may be reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you cannot recover any compensation. Manufacturers sometimes try to blame injured consumers for misusing products, which is why having experienced attorneys to counter these arguments is important. Learn more about how fault is determined in Georgia.
Joint and Several Liability
When multiple parties are responsible for a defective product—such as the manufacturer, distributor, and retailer—Georgia law allows injured victims to pursue compensation from any or all of them. This ensures that victims can recover full compensation even if one responsible party is unable to pay.
Who Can Be Held Liable for a Defective Product in Georgia?
Product liability claims can be brought against any party in the chain of distribution who contributed to putting a defective product into the hands of consumers. Potentially liable parties include:
Manufacturers – Companies that design and build products
Component part manufacturers – Companies that make parts used in finished products
Distributors – Companies that transport and distribute products to retailers
Wholesalers – Companies that sell products in bulk to retailers
Retailers – Stores that sell products directly to consumers
Importers – Companies that bring foreign-made products into the United States
Our Atlanta product liability attorneys thoroughly investigate the chain of distribution to identify all potentially liable parties and maximize your recovery. In cases involving boating accidents or truck accident investigations, multiple parties may share responsibility.
Statute of Limitations for Product Liability in Georgia
Under Georgia law, you generally have two years from the date of injury to file a product liability lawsuit. This deadline is called the statute of limitations. If you miss this deadline, you may lose your right to pursue compensation forever. Our detailed guide on Georgia’s statute of limitations explains important exceptions and deadlines.
Georgia also has a statute of repose that limits how long after a product is sold you can bring a claim. Under O.C.G.A. § 51-1-11(c), product liability claims generally must be brought within ten years of the date the product was first sold.
Because evidence can be lost and memories fade over time, it is important to contact an attorney as soon as possible after a defective product injury. Early investigation helps preserve critical evidence and strengthen your case.
Client Stories and Results
Butler Kahn has helped families throughout Georgia recover compensation after being harmed by defective products. Watch these client stories to learn how we approach these complex cases:
Our firm has secured significant results for clients injured by defective products, including:
$150 Million Verdict – Against Chrysler for a defective gas tank design that caused a Jeep Grand Cherokee to explode, killing a child
$45 Million Settlement – For a young man who permanently lost the ability to walk and talk due to catastrophic injuries
Numerous confidential settlements – Against manufacturers of defective tires, medical devices, and industrial equipment
Past results do not guarantee future outcomes. Every case is different.
Frequently Asked Questions About Product Liability in Atlanta
Have questions about product liability cases? Watch our video FAQ or read the answers below:
Do I have to wait for a product recall to file a lawsuit?
No. You do not have to wait for an official recall before seeking compensation for injuries caused by a defective product. Many dangerous products are never recalled, and recalls often happen only after numerous injuries have already occurred. The companies responsible for defective products can be held liable regardless of whether a recall has been issued.
How long do I have to file a product liability lawsuit in Georgia?
Georgia law generally gives you two years from the date of injury to file a product liability lawsuit. However, there are exceptions that can shorten or extend this deadline depending on the circumstances of your case. Contact an attorney promptly to ensure you do not miss important deadlines. Read more about Georgia’s statute of limitations.
What if the product was used by someone other than me?
You may still have a claim even if you were not the person who purchased or typically used the product. Product liability claims can be brought by anyone injured by a defective product, including bystanders. For example, if you were a passenger in a vehicle with a defective airbag, you can pursue a claim against the airbag manufacturer.
Can I sue if I was partly at fault for my injuries?
Yes, under Georgia’s comparative fault rules, you can still recover compensation even if you were partially responsible for your injuries. However, your compensation will be reduced by your percentage of fault, and if you are found to be 50% or more at fault, you cannot recover anything. Manufacturers often try to blame injured consumers, which is why having skilled attorneys is essential.
What if the product was modified after I bought it?
If a product was substantially modified after leaving the manufacturer’s control, and that modification caused or contributed to your injuries, it may affect your ability to recover from the manufacturer. However, manufacturers can still be liable if the modification was foreseeable or if the original defect contributed to the injury. An experienced attorney can evaluate how modifications affect your claim.
How much does it cost to hire a product liability lawyer?
Butler Kahn handles product liability cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. There are no upfront costs or hourly fees. We invest our own resources into investigating and building your case. Learn more about whether you should hire a lawyer for your case.
What types of evidence are important in product liability cases?
Critical evidence in product liability cases includes the defective product itself, packaging and instructions, purchase receipts, medical records, photographs of injuries and the accident scene, witness statements, and expert analysis. Preserving the product is especially important because engineers need to examine it to identify the defect.
Can I file a product liability claim if my loved one died from a defective product?
Yes. Georgia law allows surviving family members to bring wrongful death claims when defective products cause fatal injuries. Wrongful death claims can recover compensation for medical expenses before death, funeral costs, lost financial support, and the full value of the deceased person’s life. Read about the Georgia wrongful death statute for more details.
What is the difference between a product liability lawsuit and a class action?
A product liability lawsuit is brought by an individual or family against a manufacturer for injuries caused by a specific defective product. A class action combines many similar claims from multiple people into a single lawsuit. While class actions can be efficient, individual lawsuits often result in higher compensation because the case focuses solely on your specific injuries and damages.
How do I know if I have a product liability case?
If you suffered serious injuries from a product that malfunctioned or failed to perform as expected, you may have a product liability case. The best way to know is to schedule a free consultation with an experienced product liability attorney who can evaluate the facts of your situation and explain your legal options.
What if the manufacturer is a foreign company?
You can still pursue a product liability claim even if the manufacturer is based in another country. Importers, distributors, and retailers who sell foreign-made products in the United States can be held liable for defects. Our attorneys know how to navigate the complexities of cases involving international manufacturers.
Will my case go to trial?
Most product liability cases settle before trial, but having attorneys who are prepared to go to trial often leads to better settlements. Manufacturers know which law firms are willing to take cases all the way, and they take those firms’ demands more seriously. Butler Kahn prepares every case as if it will go to trial. Learn more about our trial preparation process.
What should I do if a manufacturer offers me a settlement?
Do not accept any settlement offer from a manufacturer or their insurance company without first consulting with an attorney. Initial offers are often far below the true value of your claim. An experienced product liability attorney can evaluate the offer and negotiate for fair compensation on your behalf.
Can I sue the store where I bought the product?
Yes. Retailers can be held liable for selling defective products, even if they did not manufacture the product or know it was defective. Georgia’s product liability laws hold all parties in the distribution chain responsible for getting dangerous products into consumers’ hands.
How long does a product liability case take?
The timeline for a product liability case varies depending on the complexity of the case, the severity of injuries, and whether the case settles or goes to trial. Some cases resolve within months, while others involving serious injuries and contested liability may take several years. Throughout the process, we keep clients informed about the status of their cases. Learn about how long your case might take.
Atlanta Neighborhoods and Areas We Serve
Butler Kahn represents clients injured by defective products throughout the greater Atlanta metropolitan area. Our Atlanta office at 10 Lenox Pointe is conveniently located to serve clients from all parts of the city and surrounding communities.
We serve clients in the following Atlanta neighborhoods and surrounding areas:
Buckhead – Including Chastain Park, Garden Hills, Peachtree Hills, and Piedmont Heights
Midtown Atlanta – Including Atlantic Station, Home Park, and Ansley Park
Downtown Atlanta – Including Centennial Hill, Castleberry Hill, and South Downtown
Brookhaven – Including Ashford Park, Drew Valley, and Lynwood Park
Druid Hills – Including Emory University area and Briarcliff
Inman Park – Including Little Five Points and Candler Park
West End – Including Westview and Adair Park
East Atlanta Village – Including Ormewood Park and Grant Park
Virginia-Highland – Including Morningside and Lenox Park
Sandy Springs – Including Dunwoody and Perimeter area
Decatur – Including DeKalb County communities
Marietta – Including Cobb County areas
Alpharetta – Including North Fulton County
Smyrna – Including Vinings and Cumberland
In addition to our Atlanta office, Butler Kahn has offices in Lawrenceville serving Gwinnett County, Roswell serving North Fulton, and Jonesboro serving Clayton County to help clients throughout Georgia.
Meet Your Atlanta Product Liability Lawyers
When you hire Butler Kahn, you work directly with experienced trial attorneys—not case managers or paralegals. Our legal team has a proven track record of holding major manufacturers accountable for dangerous products.
Jeb Butler secured a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child. He has written articles in legal journals teaching other lawyers how to handle automotive product liability cases and has been repeatedly recognized as a Georgia SuperLawyer.
Matthew Kahn brings the same dedication and attention to detail to every product liability case. Matt has helped clients recover significant compensation in cases involving defective vehicles, medical devices, and industrial equipment.
Learn more about our firm and what makes Butler Kahn different from other personal injury law firms.
Talk to Our Atlanta Product Liability Attorney Today
Product manufacturers are some of the biggest, most powerful corporations in the world, but the defective product lawyers at Butler Kahn have fought against them—and won. If you or someone you care about has been seriously injured by an unsafe or defective product, we want to hear from you.
Contact Butler Kahn by calling (678) 940-1444 or contact us online for a free consultation. Your initial consultation is confidential and without obligation.
Butler Kahn – Atlanta Personal Injury Lawyers
10 Lenox Pointe
Atlanta, GA 30324
Phone: (678) 940-1444
Our Atlanta office is conveniently located near Lenox Square and Phipps Plaza in the Buckhead area. Free parking is available. We are easily accessible from I-85, GA 400, and Peachtree Road.
*Please note that we are a small firm and we handle a small number of cases. We do that so that we can devote our full time and attention to our clients. That means we can’t take every case. For example, we only handle these types of cases when they involve very serious personal injuries or death. Our firm decides whether to take a case on a case-by-case basis, so there is a chance that we will be unable to accept your case, either because the injury was not catastrophic, because immunity could bar the claim, or for some other reason. If we are not able to take your case, we will do our best to analyze your case and refer you to a law firm better suited to help.
Past results do not guarantee future outcomes. Every case is different.
My father was in a serious motorcycle accident and unfortunately passed away soon after the accident. Butler Kahn firm in Atlanta was a true blessing
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Samantha S.
Jeb and his team get great results for their clients! The team is hard working, organized, and very thorough. I have referred clients to them and he i
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