The manufacturer is the main target, because O.C.G.A. § 51-1-11(b)(1) makes “the manufacturer of any personal property sold as new property” strictly liable in tort, whether or not the injured person bought from it. A retailer that only sold the item is not reached by that subsection.
The other names in the chain need another theory:
- Component maker or assembler. The question is whether it qualifies as a manufacturer of the item, or of the part that failed.
- Seller or distributor. A negligence claim needs the seller’s own carelessness, such as ignoring a recall or changing the product. A warranty claim under § 11-2-318 is a contract route with its own limits.
- Employer or property owner. A machine guard removed at a plant raises the owner’s conduct, and workers’ compensation may limit a suit against the employer.
Georgia refuses some shortcuts. Section 51-1-11(d) bars liability on “market share or enterprise, or other theories of industry-wide liability,” so the plaintiff has to identify who made the product that caused the harm. Fault can also be spread: under § 51-12-33, a jury may assign a percentage to each responsible party, and to a nonparty if the defense gives notice at least 120 days before trial.
The practical first step is keeping the product itself, unaltered, along with packaging and purchase records, because the label can identify the manufacturer.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.