When a Defective Product Causes a Fatality: Wrongful Death Claims in Georgia

The unexpected loss of a loved one is always devastating, but when that loss results from a defective product, the grief is compounded by a sense of injustice. In Georgia, families have legal avenues to seek accountability and compensation through wrongful death claims. The Spizman Firm understands your rights and are here to help you through the legal process during such challenging times.

Understanding Wrongful Death and Product Liability in Georgia

Georgia law defines wrongful death as a death caused by the negligent, reckless, intentional, or criminal acts of another party. This includes fatalities resulting from defective products.

Product liability refers to the legal responsibility of manufacturers, distributors, or sellers for injuries caused by defective products. In Georgia, if a product defect leads to a person’s death, the responsible parties can be held liable under wrongful death statutes.

Who Can File a Wrongful Death Claim?

Georgia law specifies who may file a wrongful death claim:

1. Surviving Spouse: The deceased’s spouse has the primary right to file. If there are minor children, the spouse must also represent their interests.
2. Children: If there is no surviving spouse, the deceased’s children may file the claim.
3. Parents: If the deceased has no spouse or children, the parents can bring the claim.
4. Estate Representative: If none of the above are available, the executor or administrator of the deceased’s estate may file on behalf of the next of kin.

Types of Damages Recoverable

In Georgia, wrongful death claims can seek compensation for:

• Full Value of Life: This encompasses both economic damages (like lost wages and benefits) and non-economic damages (such as loss of companionship and care).
• Medical and Funeral Expenses: The estate can recover costs related to the deceased’s final medical care and funeral arrangements.

Statute of Limitations

Generally, wrongful death claims in Georgia must be filed within two years of the date of death. However, certain circumstances can toll (pause) this period:

• Criminal Cases: If the death resulted from a crime, the statute of limitations may be tolled until the criminal case concludes, up to a maximum of six years.
• Unprobated Estates: If the deceased’s estate has not been probated, the statute may be tolled for up to five years.

Proving a Defective Product Caused the Death

To succeed in a wrongful death claim involving a defective product, the plaintiff must demonstrate:

1. Defect: The product had a design, manufacturing, or marketing defect.
2. Causation: The defect directly caused the death.
3. Usage: The product was being used as intended or in a reasonably foreseeable manner.

Gathering evidence, such as expert testimony, product testing, and usage history, is essential to establish these elements.

The Importance of Legal Representation

Navigating a wrongful death claim, especially one involving product liability, is complex. An experienced attorney can:

• Investigate the circumstances of the death.
• Identify all liable parties.
• Gather and preserve critical evidence.
• Advocate on your behalf to secure fair compensation.

Our experienced Atlanta Defective Product Attorneys are committed to supporting families through these challenging times. Our team has the expertise to handle wrongful death claims involving defective products, ensuring that those responsible are held accountable.

Serving Communities Across Georgia

The Spizman Firm proudly serves clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you’ve lost a loved one due to a defective product, contact us for a compassionate consultation to explore your legal options.