What are the types of product defects in Georgia?

Georgia recognizes three: manufacturing, design, and warning defects. O.C.G.A. § 51-1-11(b)(1) doesn’t list them. It says a product was “not merchantable and reasonably suited to the use intended,” and courts have sorted cases into these three.

Type Question Proof Example, hypothetical
Manufacturing Did this unit differ from the design? The unit itself, plant records A brake line with one bad weld
Design Did the risks outweigh the benefits? Engineers; alternatives A tool with no guard, where one was feasible
Warning Was the danger adequately explained? Label, manual A chemical with no ventilation warning

The design test comes from Banks v. ICI Americas (1994), which adopted a risk-utility analysis. Evidence of a safer alternative design is central, and compliance with a government standard is evidence but isn’t always decisive.

Each type behaves differently over time. Manufacturing and design claims against a manufacturer have the ten-year limit from first sale in § 51-1-11(b)(2), with the exceptions that section states. Failing to warn of a danger that later becomes known is treated differently, under § 51-1-11(c) and Chrysler Corp. v. Batten (1994).

A plaintiff can plead more than one. If the unit was destroyed, a manufacturing theory is hard to prove, which is why keeping the product matters so much. Industry-wide theories aren’t available, § 51-1-11(d).

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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