Statute of Limitations for Product Liability

In Georgia, product liability suits brought under the theories of strict liability or negligence must be filed within two years after the cause of action occurred. O.C.G.A. §§ 9-3-33, 51-1-11. A cause of action does not occur until the plaintiff discovers or should have discovered that he or she was injured by the defendant's conduct. Abend v. Klaudt, 243 Ga.App. 271, 531 S.E.2d 722 (Ct.App. 2000). If you do not file a lawsuit within this time, you cannot sue.

If the lawsuit is based on contract law, as in the case of a breach of warranty, you must file it within six years after the cause of action occurred. O.C.G.A. § 9-3-24. A cause of action here occurs when the contract is broken, not when the actual damage is done or discovered. Baker v. Brennan/Goddard Co., 2002 Ga. Lexis 58 (Ga. Feb. 4 2002). If you do not file a lawsuit within this time, you cannot sue.

In addition to typical statutes of limitations, state legislatures have also enacted special statutes of limitations for certain types of actions. These are referred to as statutes of repose. Statutes of repose typically place an outside limit (usually 10, 15, or 20 years) on certain types of lawsuits, regardless of when the injury is discovered. In Georgia, injured victims cannot file a products liability suit if the product was sold 10 years before the injury. O.C.G.A. § 51-1-11. The legislative purpose behind this law is to prevent increased insurance rates and promote new product development by manufacturers. Hatcher v. Allied Products Corp., 256 Ga. 100, 344 S.E.2d 418 (1996).

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In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the Statute of Limitations. If you or a loved one is a victim of personal injuries, call Eric J. Hertz, P.C. now at 404-775-0111 or submit a simple Case Review Form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a Contingent Fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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