Georgia Product Liability Laws and Punitive Damages in Georgia

January 06, 2018

Georgia Product Liability Laws, Time Limits and Punitive Damages

Georgia Code
TITLE 51 - TORTS (2010)
§ 51-1-11 - When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected

Whenever we purchase a product, we are placing our trust in the manufacturer and seller of that product. We eat food and trust that it is not contaminated with harmful bacteria, take medications and trust that they will not cause horrible side effects, and we drive in cars and trust that the brakes will not fail us. Part of the reason that our products are typically safe is that we have laws to product consumers. In the event that a product is defective in such a way that it harms someone, the person or corporation that sold the product or manufactured it will be liable to the injured person for damages. Damages can include the cost of medical care, lost wages, property damage, pain and suffering and emotional distress. Another type of damages that are sometimes awarded are punitive damages, which are different from the other types of damages because they are not meant to compensate the injured person, but rather to punish the person or company responsible for the harm.

When is a product defective?

A product is defective when it has a flaw as the result of faulty design, manufacturing or if it lacks adequate warnings. A design flaw causes a product to be defective even when it is produced to the specifications of its design, whereas a manufacturing defect occurs when the product is designed properly, but something went wrong in the manufacturing process. For instance, a medication that has horrible side effects might be defective as the result of a design flaw, whereas a medication that was dangerous because it was contaminated in the manufacturing process would be a manufacturing flaw. A warning defect would occur if the medication was safe when used as directed, but failed to have a clear and adequate warning printed on it that it was dangerous if used under different circumstances.

When are punitive damages awarded?

In Georgia, punitive damages may be awarded in cases where there is “clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that the entire want of care which would raise the presumption of conscious indifference to consequences.” This means that there is a higher evidentiary standard for punitive damages than for other damages and that the defendant’s conduct must be more reprehensible than normal negligence. If, for example, a company had full knowledge that some of their painkillers were likely contaminated with a harmful substance, but willfully chose not to recall them because it would have been expensive, there would likely be a case for punitive damages.

How much can an injured person collect in punitive damages in Georgia?

Georgia places a punitive damages cap of $250,000 for most tort claims. However, this cap does not apply to products liability claims. The purpose of punitive damages is to punish the defendant, and the amount set is meant to be “sufficient to deter, penalize, or punish the defendant.” In a products liability claim against a large corporation, the trier of fact might find that a very large punitive damages award would be necessary to deter the defendant.

It is important to note though, that an extremely high punitive damages award in the event of a products liability claim will not necessarily mean a windfall for the plaintiff. When products liability claims result in punitive damages, 75% of the punitive damages award will go to the Office of the State Treasurer.

Montlick & Associates: Dedicated to Keeping Children Across Georgia Safe

If you or a loved one has been injured in an auto accident caused by someone else's negligence, contact Montlick & Associates today for your free consultation with our experienced Personal Injury Lawyers in Georgia. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.