Can I sue the store that sold me a defective product in Georgia?
A retail store usually cannot be held strictly liable in Georgia just for selling a defective product. Georgia reserves strict product liability for manufacturers, and a store that merely sold an item it did not make generally falls outside that rule. A store can still face liability, but on a different and narrower basis.
Why the seller is not a strict-liability “manufacturer” ¶
Georgia’s strict liability statute, O.C.G.A. § 51-1-11, imposes liability on the manufacturer of a product, not on everyone who handles it. The companion provision at O.C.G.A. § 51-1-11.1 draws the line plainly: a “product seller” is neither a manufacturer for strict-liability purposes nor answerable as one. A retailer that buys finished goods and resells them to customers ordinarily fits the product-seller description.
The reasoning is that the store did not design or build the item and often has no way to detect a hidden defect inside a sealed product. Shifting strict liability onto every shop that stocked a product would reach far beyond the party responsible for making it. So the customer’s strict-liability claim generally runs to the manufacturer, not the store.
When a store can still be on the hook ¶
Being protected from strict liability is not the same as being immune. A store may still be liable when its own conduct, rather than the mere fact of selling, caused or contributed to the harm:
- Negligence: selling a product the store knew or should have known was dangerous, ignoring a recall, or mishandling or altering the product.
- Assuming a manufacturer’s role: if the seller designed, assembled, or branded the product, it may be treated as a manufacturer under O.C.G.A. § 51-1-11.1.
- Other circumstances where the seller’s actions, not just its position in the chain, created the risk.
In addition, when the actual manufacturer is unavailable, insolvent, or beyond the court’s reach, the rules governing product sellers can become important to whether any recovery is realistically possible.
The bottom line ¶
In Georgia you generally cannot sue a store under strict liability simply because it sold you a defective product, since strict liability targets manufacturers and treats ordinary retailers as protected product sellers. A store can still be liable for its own negligence or if it stepped into a manufacturer’s role by designing, assembling, or branding the item. Whether the store is a viable defendant depends on what it actually did, not just that it made the sale.
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.