Does altering a product after purchase defeat my Georgia defect claim?

· 3 min read

Modifying a product after buying it can complicate a Georgia defect claim, but it does not always defeat one. Whether an alteration ends the case depends on what was changed, why, and whether the change, rather than an original defect, actually caused the injury. The mere fact that a product was modified is not a complete answer.

How an alteration affects the defect question

Georgia evaluates strict-liability claims under O.C.G.A. § 51-1-11 by looking at the product and whether it was defective. A substantial alteration that the manufacturer neither made nor anticipated can break the chain between the maker and the harm. If the injury resulted from the modification itself, the manufacturer can argue the product it actually sold was not the cause. In that situation, an after-market change functions much like an intervening event that shifts responsibility away from the original maker.

But not every change has that effect. Minor modifications, alterations the manufacturer should have foreseen, or changes that had nothing to do with how the injury happened may leave the defect claim intact. The decisive question is causation: did the alteration cause the harm, or did a defect that existed when the product was sold?

Factors that tend to matter

Courts and juries generally look at the nature and significance of the change, including:

  • Whether the alteration was substantial or trivial.
  • Whether the manufacturer could reasonably have anticipated the kind of modification.
  • Whether the modified part or feature is the one that failed.
  • Whether the original defect would have caused the injury regardless of the change.

When fault is shared rather than eliminated

If the alteration contributed to the injury alongside an original defect, Georgia’s comparative-fault system under O.C.G.A. § 51-12-33 can come into play. A jury may apportion responsibility among those at fault, reducing the injured person’s recovery by their share and barring it only at 50% or more. So a modification can lower a recovery without necessarily destroying the claim, depending on how the fault is divided.

The bottom line

Altering a product after purchase does not automatically defeat a Georgia defect claim. The outcome turns on whether the modification, rather than an original defect, caused the injury, and on whether the change was substantial and unforeseen. A significant, unexpected alteration that caused the harm can break the claim, while a minor or foreseeable change unrelated to the failure may leave it standing.

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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