62.620 Strict Liability; Manufacturing Defect; Generally

62.620 Strict Liability; Manufacturing Defect; Generally A manufacturer has a duty to exercise reasonable care in manufacturing a product that is reasonably safe for its intended or foreseeable uses. A manufacturing defect is an unintended flaw or abnormal condition that occurs during the production of the product that makes the product more dangerous than it would have been had the product been manufactured properly. Such a defect may occur because of the use of shoddy materials, poor manufacturing methods, or other such actions or omissions by the manufacturer. A manufacturing defect may be indicated by comparing the questioned product to properly manufactured items in the same product line. To conclude that a manufacturing defect exists in a product and that the plaintiff is entitled to recover, you must find by a preponderance of the evidence that a. the product was defective, b. the defect existed at the time the product left the manufacturer's control, and c. the defect in the product was the proximate cause of the plaintiff's injury. O.C.G.A. §51-1-11 Chrysler Corp. v. Batten, 264 Ga. 723 (1994) Banks v. ICI Americas Inc., 264 Ga. 732 (1994) Maleski, Georgia Products Liability, 2d ed. (1993 and 1997 supp.)