In a product liability case, a plaintiff attempts to hold a defendant responsible for the negligent design of a product that caused injury. But, what if the “product” is a public roadway maintained by private contractors? Can a plaintiff injured in an automobile accident caused by a defectively maintained road sue the contractor responsible for the maintenance? The Georgia Court of Appeals recently addressed this question.
Brown v. Seaboard Construction Company
The plaintiff in this case was injured in a one-car accident. She was a passenger in a vehicle traveling down a causeway. The car hit a pothole filled with water, causing the vehicle to hydroplane and collide with a nearby guardrail.