Who counts as the “manufacturer” liable under Georgia’s product liability statute?

· 3 min read

Georgia’s strict product liability reaches the “manufacturer,” and the statute draws a real line between makers and mere sellers. The manufacturer is the entity that designs or produces the product, and Georgia generally limits strict liability to that party rather than extending it to everyone in the chain of distribution.

The statute targets the maker

Under O.C.G.A. § 51-1-11, the manufacturer of personal property sold as new is strictly liable to a person injured because the product was not merchantable and reasonably suited to its intended use. The focus is on the entity responsible for creating the product. A separate provision, O.C.G.A. § 51-1-11.1, makes the distinction explicit by treating a “product seller” as not a manufacturer for strict-liability purposes. That means a party who merely sells, distributes, or otherwise places a product into commerce, without making it, generally is not strictly liable as a manufacturer.

This division keeps strict liability on the shoulders of those who design and build products, while sellers further down the line face liability, if at all, on different terms.

Who can be treated as the manufacturer

The label is not always limited to the company that physically assembled the item. Depending on the facts, Georgia may treat additional parties as manufacturers for strict-liability purposes:

  • The entity that actually designed or fabricated the product.
  • A company that holds itself out as the manufacturer, for example by placing its own brand or name on a product made by someone else.
  • In certain circumstances, a product seller can be treated as a manufacturer under O.C.G.A. § 51-1-11.1, which addresses when a seller assumes a manufacturer’s role.

By contrast, a typical retailer or distributor that simply passes along a sealed product it did not make usually falls under the “product seller” category and is not strictly liable as a manufacturer. Such a party may still face a negligence claim if its own conduct, like ignoring a known danger, contributed to the harm.

The bottom line

Under Georgia’s product liability statute, the “manufacturer” is the party that designs or makes the product, and strict liability is generally reserved for that entity rather than for ordinary sellers. A brand owner that puts its name on a product, or a seller who steps into a manufacturer’s role under O.C.G.A. § 51-1-11.1, may be treated as a manufacturer, while pass-through retailers and distributors usually are not. Identifying the true manufacturer is often the first step in a Georgia product case.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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