Introduction

This article examines Georgia statutes concerning products liability and manufacturing defects in the context of consumer drone technology.

Scenario

A consumer in Macon, Georgia, purchases a delivery drone from a major manufacturer. While charging the drone’s lithium battery in their home on Vineville Avenue, the battery explodes without warning, causing burns to the consumer and fire damage to property. The drone was being used according to manufacturer instructions. Investigation reveals similar battery failures in other units from the same production batch.

Georgia Law

Products Liability

Georgia Code § 51-1-11(b)(1): “The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.”

Design Defect Liability

Georgia Code § 51-1-11(c): “An action may be brought for a breach of an implied warranty, whether the action is brought in contract or in tort. Lack of privity between the plaintiff and the defendant shall be no defense in any action brought against the manufacturer of goods to recover damages for injury to person or property resulting from negligence in the manufacture or construction of such goods.”

Statute of Limitations for Products Liability

Georgia Code § 51-1-11(d)(1): “No action shall be commenced pursuant to this Code section with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.”

General Negligence

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a consumer injured by an exploding drone battery in Macon, Georgia. Georgia Code § 51-1-11(b)(1) establishes manufacturer liability for defective products. Georgia Code § 51-1-11(c) addresses lack of privity defense. These statutes establish the framework for manufacturer products liability under Georgia law.

FAQ

Q: What does Georgia Code § 51-1-11(b)(1) require for manufacturer liability? A: Georgia Code § 51-1-11(b)(1) creates liability when property “was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.”

Q: Does privity matter under Georgia Code § 51-1-11(c)? A: Georgia Code § 51-1-11(c) states: “Lack of privity between the plaintiff and the defendant shall be no defense in any action brought against the manufacturer.”

Q: What time limit applies under Georgia Code § 51-1-11(d)(1)? A: Georgia Code § 51-1-11(d)(1) states: “No action shall be commenced pursuant to this Code section with respect to an injury after ten years from the date of the first sale.”

Q: Where are products liability laws found in the Georgia Code? A: Products liability laws are found in Georgia Code Title 51, Chapter 1.

Q: Does Georgia Code § 51-1-2 apply to manufacturers? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.