Do You Have a Product Liability Case?

Not every injury caused by a product automatically leads to a valid legal claim—but if a manufacturer’s negligence played a role, you may have grounds to seek compensation. To succeed in a product liability case, four key elements must be present:

Duty of Care – The manufacturer, distributor, or retailer had a legal obligation to produce and sell a reasonably safe product.
Breach of Duty – That duty was violated—often through a design flaw, manufacturing defect, or failure to provide adequate warnings.
Causation – The defect or negligence directly caused your injury.
Damages – You suffered actual harm, such as physical injury, financial losses, or emotional distress, as a result.

You don't need to figure out which element applies or gather proof of each one before you call. That's our job, and it's the part manufacturers count on injured people not knowing how to do. How each element gets proven depends on the product. A failed hip implant, a contaminated medication and a mislabeled industrial chemical each raise different questions, so we walk through each one below.

Damages You Can Recover

If you were injured by a dangerous or defective product, Georgia law allows you to pursue damages that compensate you for what you've lost and, in some cases, punish those responsible. These include economic damages, non-economic damages, and punitive damages when the misconduct is severe.

Economic damages cover the financial impact of your injury, such as:

Medical bills (past and future)
Lost income and reduced earning capacity
Costs of physical therapy and rehabilitation
Medications, mobility aids, and other medical devices
Property damage related to the defective product

Non-economic damages are just as important. These account for the personal, emotional, and psychological toll your injuries have taken, including:

Pain and suffering
Emotional distress
Disfigurement or permanent scarring
Loss of enjoyment of life
Anxiety, PTSD, or depression
Loss of companionship or consortium

Costs People Forget to Claim

The biggest mistake we see is a settlement that only covers the bills already in the mailbox. Before any number is discussed, we look for:

The next surgery. Replacement joints and revised implants can wear out too. If your doctor expects another procedure in 10 or 15 years, that cost belongs in your claim now.
Ongoing monitoring, such as blood tests for metal levels, cardiac device checks or cancer screening after exposure to a contaminated drug.
Changes to your home and car if you can no longer manage stairs, a tub or a standard driver's seat.
Your family's lost time, when a spouse or adult child misses work to drive you to appointments or care for you.
Work you can no longer do. A warehouse worker who can't lift again loses more than this year's wages.

Who Gets Paid Back From Your Settlement

If health insurance, Medicare, Medicaid or workers' comp paid for your care, they will likely want to be repaid from your recovery. These liens can quietly eat a large share of a settlement. Our team negotiates them directly with insurers and Medicare so more of the money stays with you, and so you aren't left sorting out bills months after your case is closed.

In rare but serious cases, punitive damages may also be available. They punish a manufacturer for especially reckless or intentional misconduct, such as knowingly selling a product it knew was dangerous. In Georgia product liability cases, punitive damages are not subject to the $250,000 cap that applies in many other injury cases, although 75% of a product liability punitive award (minus a share of litigation costs) goes to the state.

Don’t wait—call our Augusta office now at (706) 567-7565 for your free consultation.

Hawk Law Group: Defective Product Law Firm in Augusta, GA

Every firm says it will fight for you. Here is what that looks like at Hawk Law Group, in specifics you can check.

Decades of Proven Results – With over 30 years of experience and some of the largest verdicts and settlements in the CSRA, we know how to win against deep-pocketed corporations. Manufacturers and their insurers know which local firms will take a case to trial, and they price their offers accordingly.
We're from here, and we're not going anywhere. Our founder, Vic Hawk, was born and raised in Augusta and has practiced law in his hometown for more than three decades. Partner Shawn Merzlak grew up here too and graduated from Lakeside High in Columbia County. When you call, you're getting a local team, not a call center.
We come to you. Recovering from surgery or stuck in a hospital bed? We offer home and hospital visits, so you can talk to a lawyer without getting in a car.
An investigator's eye for evidence. Before joining the firm, Shawn Merzlak worked as a criminal investigator and as an Assistant District Attorney in the Augusta Judicial Circuit. That background matters in product cases, where a removed implant, a pill bottle or a chemical drum is often the most important evidence, and where a broken chain of custody can let a manufacturer argue the product was tampered with.
Both sides of the river. The Augusta area doesn't stop at the state line, and neither do we. With offices in Augusta, Evans, Thomson, Waynesboro and Aiken, SC, we handle the Georgia-versus-South Carolina questions that can change your deadline and how fault is counted.
We handle the bills and liens. Clients tell us one of the biggest reliefs is not having to fight with insurers and Medicare themselves. Our team deals with them directly.
Prepared to Go the Distance – While many firms aim to settle quickly, we're trial lawyers at heart. If the other side won't offer a fair settlement, we won't hesitate to take your case to court.

You pay nothing unless we win, our team responds 24/7, and Spanish-speaking support is available. Read what our clients say in the testimonials, then call us and judge for yourself.

What to Do Right Now After a Defective Product Injury

You don't need a lawyer to take these steps, and taking them now protects you whether or not you ever file a claim. Start with the list that fits your situation.

For Everyone

Get medical care and say what product was involved. If it's in your chart from the first visit, the manufacturer can't easily argue something else caused your injury.
Keep the product, the packaging and the receipt. Don't repair it, return it to the store or throw it away. Put it somewhere it won't be used or moved.
Take photos today: the product, any labels and serial numbers, your injuries and the place it happened.
Don't post about it. Insurers look at social media, and a single photo of you smiling at a cookout can be used to argue you aren't hurt.
Don't sign anything from the manufacturer or its insurer until someone on your side has read it.

If an Implant or Medical Device Is Involved

Find your implant card or ask the hospital for your operative report. Both usually list the device maker, model and lot number.
If you're scheduled for revision surgery, put a preservation request in writing to your surgeon and the hospital asking them to keep the removed device and not send it back to the manufacturer. Manufacturer representatives are often present in the operating room. Call us first and we'll send the letter for you.
Be careful with "reimbursement" offers. Some device makers offer to cover out-of-pocket costs through a claims administrator in exchange for a medical authorization or a release. Have it reviewed before you sign.

If a Medication Is Involved

Don't stop taking a prescribed drug on your own, even after a recall. Call your doctor or pharmacist first; stopping suddenly can be dangerous.
Keep every bottle and package insert, and ask your pharmacy for a printed prescription history. It shows which manufacturer's version you actually received, which matters a great deal for who can be sued.

If You Were Hurt at Work

Report the injury to your employer right away. In Georgia, you generally must give notice within 30 days to protect your workers' compensation benefits.
Ask for the Safety Data Sheet (SDS) for any chemical involved. Federal OSHA rules require employers to keep SDSs accessible to employees during every shift.
Photograph the container label and write down the product name and manufacturer before the drum or tote is moved or emptied.

Don’t Miss the Deadline to File

In Georgia, you typically have two years from the date of your injury to file a product liability lawsuit, and four years if the product damaged property. Miss that window and the claim is gone, no matter how strong it is. Many people lose months just deciding whether to call, while they're recovering or waiting to see whether things get better.

Georgia or South Carolina? The Answer Can Change Your Deadline

In the Augusta area, it's common to live in one state, have surgery or buy a product in another, and get hurt in either. The rules aren't the same:

	Georgia	South Carolina
Personal injury deadline	2 years	3 years
Fault rule	You recover only if you are less than 50% at fault	You recover if your fault is not greater than the defendants'

Which state's law applies depends on where things happened and where the case is filed. With offices in Augusta and Aiken, we look at both before advising you, so you don't rely on the wrong clock.

The 10-Year Rule for Older Products and Implants

Georgia also has a statute of repose. Strict liability claims must be filed within 10 years of the product's first sale, even if the injury happened later, and there is no exception to that rule. That can matter for a hip implant placed years ago or an older piece of machinery. Negligence claims face the same 10-year limit, with two exceptions: injuries arising from a disease or birth defect, and conduct showing willful, reckless or wanton disregard for life or property. Manufacturers also keep a duty to warn once they learn of a danger, so a failure-to-warn claim may still be possible. If your device or equipment is approaching that age, call now rather than later.

Gathering Evidence

You don't have to become an investigator while you're trying to heal. Here's the split we use: a short list of things only you can grab, and everything else we track down.

What only you can do

Keep the product, its packaging and any manual or receipt
Save photos you've already taken, and take more of the product and your injuries
Write down what happened while it's fresh: date, time, what you were doing and who was there
Keep a simple notebook of pain, missed work and things you can't do anymore

What we handle for you

Product type	Records we request
Medical device	Operative reports, the hospital implant log with device stickers, explant pathology, the device's FDA recall and adverse event history
Prescription or OTC drug	Pharmacy dispensing history showing the manufacturer, prescriber records, FDA recall notices and warning letters
Industrial chemical or machinery	Safety Data Sheets, the employer's incident report and OSHA injury log, maintenance records, the product's labeling history
Any product	Medical bills, wage records, preservation letters to the manufacturer and anyone holding the product

The sooner you reach out, the sooner those letters go out and the less chance there is that key evidence is lost, discarded or quietly returned to the company that made it.

Information on Product Liability Law in Georgia

If a defective product injured you in Georgia, you may be able to hold the manufacturer accountable through a strict liability claim. Strict liability means you don't have to prove the manufacturer was careless, only that the product was defective when it left the manufacturer's control and that the defect caused your injuries.

Georgia's strict liability statute, O.C.G.A. § 51-1-11, applies to manufacturers. Sellers who didn't make the product, such as most retailers and pharmacies, generally can't be held strictly liable, although they may still face negligence claims for their own mistakes. Many cases include both a strict liability claim for the defect and a negligence claim showing the company knew or should have known about the danger and did nothing.

What this means for you:

You usually don't have to prove what went on inside the factory. You have to prove the product was defective and that it hurt you.
Your lawsuit is typically against the company that made the product, not your surgeon, your pharmacist or the store clerk, unless one of them made a separate mistake.
Your own employer usually can't be sued for a workplace injury, but the company that made the defective chemical or machine often can.

What Constitutes Manufacturer Negligence?

Product defects generally fall into one of three categories. Understanding how and where the defect occurred is critical to determining who may be responsible and how your case should proceed.

Design Defects – These flaws are baked into the product from the start. If a product is inherently dangerous due to poor design—and a safer, feasible alternative existed—the manufacturer may be held liable for choosing the riskier option.
Manufacturing Defects – A safe design can still become dangerous if errors occur during assembly or production. This includes using the wrong parts, poor quality control, or improper construction that causes a product to malfunction or break.
Marketing Defects (Failure to Warn) – Manufacturers must inform consumers of non-obvious risks associated with using their product. If a company fails to include adequate warnings or instructions, they may be liable for injuries that result from this lack of information

Even though strict liability often applies, negligence can also be a basis for recovery. If a manufacturer knew—or should have known—that their product posed a danger and failed to correct it or warn consumers, they can be held accountable for putting profits over people.

When a defective product causes a fatal injury, the case may involve both product liability and wrongful death law. The key questions often include what made the product unsafe, who was responsible for putting it into the market, and whether better design, manufacturing, or warnings could have prevented the death. Our guide to Wrongful Death Caused by a Defective Product in Georgia explains how these cases work when a dangerous product takes someone’s life.

How Common Are Defective Products in Augusta?

Defective products are a widespread issue across the country—including here in Augusta. According to the U.S. Consumer Product Safety Commission (CPSC), hundreds of consumer products are recalled every year due to safety risks. These include everything from electronics and power tools to pet products and household goods.

Alarmingly, many of these recalls involve children’s products, which made up the highest number of recalls of any category in 2019. When a product fails to meet safety standards, the consequences can be devastating. If you suspect your injury was caused by a product defect, don’t wait—call Hawk Law Group to speak with an experienced Augusta product liability attorney who can help you pursue fair compensation.

Defective Medical Device Claims in Augusta

If your surgeon has mentioned a "revision," or a recall letter arrived for a device you didn't know you had, you're not alone. We represent CSRA patients hurt by:

Hip and knee replacements, including metal-on-metal hips
Hernia and transvaginal surgical mesh
Pacemakers and implantable defibrillators
IVC filters, spinal implants, insulin pumps and CPAP machines

Before Your Revision Surgery

Find your implant card or operative report. It lists the device maker, model and lot number.
Ask the hospital in writing to preserve the removed device and not return it to the manufacturer. We'll send that letter for you.
Don't sign a manufacturer's reimbursement paperwork until we've reviewed it.

How Device Claims Differ From Other Product Claims

Two things matter in device cases that don't in most product cases. First, how the FDA cleared the device can limit which claims are allowed. Second, Georgia's learned intermediary rule means device warnings go to your surgeon, so the question is what the manufacturer told doctors. We also separate device failure from surgical error, which is a different kind of claim.

Element	In a medical device case
Duty of care	Design, build and label the device to be safe for long-term use
Breach	A design that fails more often than alternatives, a bad production lot, or understated warnings to surgeons
Causation	Explant analysis, imaging and expert testimony tying your injury to the device
Damages	Revision surgery, future surgeries, lost income, pain and lasting limits

A device doesn't have to be recalled for you to have a claim. If you're recovering, we'll come to you at home or in the hospital.

Dangerous Drugs and Drug Recalls

Finding out that a drug you've taken for years was recalled raises hard questions: is it connected to your diagnosis, should you keep taking it, and is it too late to act?

First, don't stop a prescribed drug on your own; talk to your doctor or pharmacist. Then keep your bottles and ask your pharmacy for a printed prescription history. It shows which company made your pills, and that matters: brand-name makers can be sued for failing to warn, generic makers mainly for manufacturing defects, and pharmacies for their own errors.

How an FDA Recall Affects Your Claim

A recall helps. It shows the company recognized a problem and often identifies affected lots and dates. But it doesn't win the case on its own; you still have to show your medication was affected and caused your injury. And you don't need a recall to sue. Many dangerous drugs are never recalled, and you can bring a Georgia claim either way.

Industrial and Chemical Product Injuries

You were doing your job. Maybe a drum of solvent split, a hose fitting let go, or a cleaner you'd used a hundred times filled an enclosed space with fumes. Now you're worried about your lungs or your skin, your next paycheck, and whether filing anything will cost you your job. You may also have been told workers' comp is all you can get. Often, that isn't true.

From the plants and paper mills along the Savannah River to construction sites and warehouses across Richmond, Columbia and Burke counties and Aiken County, CSRA workers handle industrial liquid chemicals, solvents, cleaners and heavy machinery every day. Common claims involve:

Industrial liquid chemicals, solvents and degreasers sold with inadequate hazard labels or Safety Data Sheets
Corrosive or toxic chemicals in containers that leak, rupture or lack proper venting
Machinery with missing guards, faulty emergency stops or defective safety interlocks
Pesticides and herbicides, including Roundup

Workers' Comp and a Product Claim Are Two Different Things

	Workers' compensation	Product liability claim
Who pays	Your employer's insurer	The company that made the chemical or machine
Do you have to prove fault?	No	Yes, a defect or inadequate warning
Pain and suffering	Not covered	Recoverable
Lost wages	Partial	Full, including future earning capacity

In Georgia, workers' comp is usually your only remedy against your employer, but it doesn't protect the manufacturer. You can often pursue both. Georgia law also limits how much your employer's insurer can take back from a product settlement: its lien generally applies only if you've been fully and completely compensated for all of your losses. We handle that negotiation so a lien doesn't swallow your recovery. One more reason not to wait: if you haven't filed the product claim within a year of your injury, Georgia law allows your employer or its comp insurer to file it instead.

What to Do This Week

Report the injury to your employer in writing. Georgia generally requires notice within 30 days, and a workers' comp claim must usually be filed within one year.
Ask for the Safety Data Sheet. OSHA requires employers to keep it accessible to employees on every shift.
Photograph the label and container, and write down the product name and manufacturer.
If symptoms like coughing, rashes or headaches develop later, write down every exposure you remember. Illnesses from chemical exposure can show up months or years afterward. Georgia's 10-year limit bars strict liability claims, but negligence claims for a disease are an exception.

Element	What it looks like in a chemical or industrial product case
Duty of care	The manufacturer had to make the product reasonably safe and give clear hazard warnings, labels and Safety Data Sheets.
Breach	Missing or inadequate warnings, a container or machine design that invites exposure, or a defective component.
Causation	Exposure records, air monitoring, medical testing and toxicology experts linking the product to your injury.
Damages	Medical care, lost wages beyond workers' comp benefits, lasting respiratory or nerve damage, and pain and suffering.

We Handle All Types of Product Liability Claims in Augusta, Georgia

At Hawk Law Group, we represent clients in a wide range of product liability cases. No matter what type of defective or dangerous item caused your injury, we’re prepared to investigate the cause, identify all liable parties, and fight for the compensation you deserve.

Our team handles product liability claims involving:

Prescription drugs and over-the-counter medications
Medical devices and implants
Children’s toys and furniture
Car seats and vehicle safety features (e.g., airbags, seat belts)
Household appliances and electronics
Batteries and e-cigarettes/vape pens
Roundup weed killer and other pesticides
Talcum powder and other personal care products
Construction equipment, power tools, and industrial machinery

Vehicle-related product defects can be especially serious because they often surface during a crash, when the safety system is supposed to protect you. If an airbag failed to deploy, deployed with excessive force, or caused burns, fractures, facial injuries, or other harm, an Augusta Airbag Injury Lawyer can help determine whether the airbag system, vehicle manufacturer, parts maker, or another party may be responsible.

Common Injuries in Product Liability Claims

Some product injuries are obvious the moment they happen. Others build quietly for months. The injuries we see most often include:

From vehicles, appliances and consumer products: traumatic brain injuries, concussions, broken bones, burns, severe cuts, eye injuries and hearing loss
From medical devices: organ perforation, internal bleeding, infection, chronic pain, nerve damage and the need for revision surgery
From dangerous drugs: organ damage, heart attack and stroke, severe allergic reactions and cancer linked to contamination
From industrial machinery and chemicals: crush injuries, amputations, chemical burns, lung damage from toxic exposure and poisoning
Across all product types: spinal cord injuries and paralysis, soft tissue injuries, disfigurement or permanent scarring, and fatal injuries

When the Injury Shows Up Later

Metal poisoning from a hip implant, mesh eroding into nearby tissue, a cancer diagnosis years after taking a contaminated drug, or a lung condition after chemical exposure may not appear until long after the product was used. If you're just now connecting your health problem to a product, you haven't necessarily missed your chance. Georgia's deadlines have specific rules for these situations, and the sooner we look at your timeline, the more options you keep.

Speak to an Augusta Product Liability Lawyer Today!

Calling a lawyer can feel like a big step, especially when you're hurting and aren't sure you even have a case. Here's exactly what happens when you reach out:

A real person answers, any time. Our team responds 24/7, and Spanish-speaking support is available.
We listen first. Tell us what happened in your own words. You don't need documents or a diagnosis to start.
Your free consultation happens where it works for you: at our Augusta, Evans, Thomson, Waynesboro or Aiken office, by phone, or at your home or hospital bedside.
We give you a straight answer about whether you have a claim and what the next steps would be.
If we take your case, we move fast to protect evidence: preservation letters, records requests, identifying the exact product and checking its recall history.
You pay nothing unless we win.

You shouldn't have to pay the price for a manufacturer's carelessness. Call our Augusta office today at (706) 567-7565 or contact us online anytime to get started.

Frequently Asked Questions

How do you win a product liability lawsuit?

To win a product liability case, you must prove that the product was defective and that defect directly caused your injury. In strict liability claims, you don’t need to show negligence—only that the product was unreasonably dangerous when used as intended. Strong evidence, expert testimony, and legal strategy are key to a successful outcome.

What can you sue for in a product liability case?

Victims can sue for both economic and non-economic damages, including:

Medical expenses
Lost wages and future earnings
Pain and suffering
Emotional distress
Property damage
In some cases, punitive damages if the manufacturer acted recklessly

How long does a product liability case take to settle?

The timeline varies depending on the complexity of the case. A straightforward claim might settle in a few months, while cases involving serious injuries or disputed liability can take a year or longer—especially if they go to trial. Early investigation and legal guidance can help move things along more efficiently.

What is a common defense in a product liability lawsuit?

Manufacturers often claim:

The product was misused by the consumer
The plaintiff altered the product after purchase
The product wasn’t defective at the time of sale
The plaintiff assumed the risk of using the product

An experienced attorney can anticipate these defenses and counter them with strong evidence.

What is the plaintiff’s burden of proof in a product liability lawsuit?

In strict liability cases, the plaintiff must prove:

The product was defective
The defect existed when it left the manufacturer’s control
The defect caused their injury while the product was used as intended

The burden is on the injured party to show these elements with credible documentation, expert opinions, and other supporting evidence.

Can I Recover Damages If I’m Being Blamed for Causing My Injuries in Georgia?

Georgia uses a modified comparative negligence rule with a 50% bar to recovery. That means you can still recover compensation as long as you are less than 50% at fault for your injuries. However, your compensation will be reduced by your percentage of fault. For example, if you’re found 20% responsible, your total award will be reduced by 20%.

Georgia courts have also confirmed that this rule applies even in strict liability product cases. So even if a manufacturer is held strictly liable, your own actions—like improper use or ignoring product warnings—can affect the outcome. A skilled attorney can help defend you against blame-shifting tactics and fight to protect the full value of your claim.

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Augusta, GA Hospitals

Augusta University Medical Center - 1120 15th St BA 8412, Augusta, GA 30912
Doctors Hospital of Augusta - 3651 Wheeler Rd, Augusta, GA 30909
Select Specialty Hospital - 1537 Walton Way, Augusta, GA 30904

Visit Our Personal Injury Law Office in Augusta, GA

Hawk Law Group
338 Telfair St, Augusta, GA 30901
(706) 722-3500

Areas We Serve in Augusta, GA

We serve clients in Augusta, North Augusta, Downtown Augusta, Medical District, Forest Hills, Summerville, Murray Hill, Harrisburg, West End, Hammond's Ferry, Harrisburg, Bethlehem, Glendale, Turpin Hill, South Turpin Hill, May Park, Sand Hills, and its surrounding areas.
We also handle injury cases throughout Georgia and South Carolina.

Augusta Product Liability Lawyer

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