How can I pursue an overseas manufacturer for a defective product sold in Georgia?

· 3 min read

A foreign company that makes a product later sold in Georgia is not automatically beyond the reach of a Georgia injury claim, but suing one raises practical hurdles that domestic cases do not. The two central questions are whether a Georgia court can exercise authority over the foreign company and how an injured person can collect if the manufacturer stays abroad.

Reaching a foreign manufacturer in court

Georgia’s strict-liability rule for a defective product’s maker, set out in O.C.G.A. § 51-1-11, draws no distinction based on where the item was built, so a foreign factory is covered in principle. The threshold issue is personal jurisdiction. A court generally needs the foreign manufacturer to have meaningful contacts with Georgia, such as deliberately routing its goods into the state’s stream of commerce, before it can be required to defend a suit here. A maker that knowingly markets and ships products for sale in the United States, including Georgia, is in a different position than one whose item arrived by pure chance.

Serving a defendant in another country adds steps. Many nations participate in the Hague Service Convention, which sets out formal channels for delivering legal papers across borders, and following the correct procedure matters because defective service can stall or doom a case.

Other defendants who may be easier to reach

Georgia law does not limit recovery to the original maker. Depending on the facts, a claim may also reach parties physically present in the United States:

  • A U.S. importer or distributor that brought the product into the market.
  • A product seller that, under O.C.G.A. § 51-1-11.1, can be treated as a manufacturer in defined circumstances.
  • A domestic subsidiary, branch, or rebrander that placed its own name on the goods.

Pursuing a reachable domestic defendant often provides a more reliable source of recovery than chasing an entity overseas, and because O.C.G.A. § 51-12-33 lets a jury parcel fault out among everyone responsible, a recoverable share can be assigned to those domestic parties even when the foreign maker stays beyond reach.

The bottom line

Georgia’s product-liability law extends to foreign-made goods, but the realistic path runs through jurisdiction, proper international service, and identifying every responsible party, including importers and sellers within the country. Because these issues are technical and fact-specific, the strength of a claim against an overseas manufacturer depends heavily on the chain of distribution and the company’s connections to Georgia.

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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