Can You Sue the Store, or Only the Manufacturer, for a Defective Product in Georgia?
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For strict liability, only the manufacturer. O.C.G.A. § 51-1-11.1(b) says that in a claim based on strict liability, “a product seller is not a manufacturer … and is not liable as such”. A store can still be sued on other theories: negligence in its own handling of the product, or breach of a warranty it gave. And a seller whose activities make it a manufacturer is treated as one.
Who counts as a “product seller”
Section 51-1-11.1(a) defines a product seller as a person who, in the course of business, “leases or sells and distributes; installs; prepares; blends; packages; labels; markets; or assembles pursuant to a manufacturer’s plan, intention, design, specifications, or formulation; or repairs; maintains; or otherwise is involved in placing a product in the stream of commerce”.
Two parts of that wording draw the line:
- Work done “pursuant to a manufacturer’s plan”. Assembling, blending, packaging, or labeling according to someone else’s design keeps a business in the seller category.
- The manufacturer exception. The definition “does not include a manufacturer which, because of certain activities, may additionally be included within all or a portion of the definition of a product seller”. A company that actually makes the product does not escape strict liability by also selling it.
The rule applies to causes of action accruing on or after July 1, 1987 (§ 51-1-11.1(d)), and the statute does not create any new claim or affect rights of indemnity or contribution (§ 51-1-11.1(c)).
Claims that can still reach the store
| Theory | When it can apply to a seller | Source |
|---|---|---|
| Negligence | The seller's own conduct was unreasonable, such as altering, mishandling, misassembling, or failing to pass along a warning it was supposed to give | Common law |
| Breach of warranty | The seller made an express promise, or an implied warranty such as merchantability applies to the sale; the warranty extends to the buyer's family, household, and home guests | Title 11, Chapter 2; § 11-2-318 |
| Strict liability | Only if the seller is in fact the manufacturer | § 51-1-11(b); § 51-1-11.1 |
The theories are compared in legal theories in a Georgia product liability case.
Why identifying the manufacturer comes first
Strict liability avoids proving carelessness, so the identity of the actual manufacturer matters. When the maker is a foreign company, Georgia’s long-arm and service rules come into play; see suing a foreign manufacturer in Georgia. The product itself, its packaging, and the receipt are the first evidence of who made it and when it was first sold, which also fixes the ten-year repose date in § 51-1-11(b)(2).
Questions to answer about each business in the chain
- Did it design or make the product, or any component, itself?
- Did it assemble, blend, package, or label according to another company’s specifications?
- Did it alter, repair, or maintain the product before the injury?
- Did it make any written or spoken promise about safety or performance?
Sources
- O.C.G.A. §§ 11-2-318, 51-1-11, 51-1-11.1 (§§ 11-2-318 and 51-1-11.1 text as published in October 2016 on a mirror site; no amendment recorded in the 2022 to 2026 legislative summaries).
General information about Georgia law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.