Articles Tagged with failure to warn

A company may be held liable under Georgia law for any defects in the design or manufacture of its products. Similarly, a manufacturer may be responsible if it fails to properly label or warn consumers about the known risks of using a product. Defective design and failure-to-warn claims are distinct categories of product liability, and there are cases in which a manufacturer may be liable for one and not the other.

CertainTeed Corporation v. Fletcher

Along those lines, the Supreme Court of Georgia recently held that a manufacturer of asbestos-containing products could be tried on a defective design claim, while simultaneously rejecting a failure-to-warn claim made by the same plaintiff.