What is a product liability claim in a construction fall case, and when does it apply?
A product liability claim arises when a defective product — such as a defective scaffold component, a faulty ladder with cracked rungs, a personal fall arrest harness with a defective buckle, or an improperly designed guardrail system — causes or contributes to a fall injury. Under O.C.G.A. § 51-1-11, manufacturers are strictly liable for injuries caused by products in a defective condition that are unreasonably dangerous. This means you do not have to prove the manufacturer was careless — only that the product was defective. Product liability claims can run parallel to negligence claims against the general contractor and other parties, significantly increasing the total available compensation.
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