Court Allows Georgia Product Liability Claim Against Store for Failure to Provide Instructions with Construction Tool

In a recent case, a state appellate court recently decided that a Georgia products liability case could proceed to trial against a store that sold an anchoring tool without providing instructions or a tool necessary for proper installation. According to the court’s opinion, a worker was doing electrical work as part of a construction project and was standing on a ladder when a concrete rod dislodged from the ceiling, causing a heavy piece of equipment to fall. As the equipment fell, some piece of it struck the man in the face, causing him to fall from the ladder. He was seriously injured as a result.

Evidently, the equipment that struck the worker was anchored into the concrete ceiling using a part that had been installed a few days earlier using concrete anchors sold by the defendant store. To install the anchors properly, a person must drill a hole to a specific depth, empty the hole, put in the anchor and setting tool, and hammer in the setting tool, which causes the tip of the anchor to expand. If used correctly with the proper setting tool, there would be an indentation in the flange of the anchor to confirm that the anchor has set properly.

The process is explained in instructions that are supposed to accompany the anchors. The box of anchors used at the construction site did not include those instructions and the workers on the site did not see those instructions prior to using the anchor. The defendant store also did not sell the correct setting tool at the store where the anchors were purchased.

The worker and his wife filed claims for personal injury and loss of consortium. They alleged that the defendant was negligent for selling the anchor without the instructions or the necessary setting tool. A court dismissed the claim, but a Georgia appeals court reversed. The appeals court held that the store could be held liable for failing to warn the worker by neglecting to include instructions in the box of anchors.

Georgia Product Liability Claims

Under Georgia law, a seller of potentially dangerous goods has a duty to warn the purchaser of the danger presented by the product at the time of sale and delivery. The duty to warn of a product’s danger depends on the type of danger involved, the product’s foreseeable uses, and the user’s likely knowledge of the danger. Anyone who has been injured by a dangerous product should immediately seek the assistance of a dedicated Georgia personal injury attorney.

Call an Atlanta Injury Attorney

Accidents can take a serious toll not only on the accident victim but also on their loved ones. The Atlanta personal injury lawyers at McAleer Law understand the devastating consequences that serious accidents can take and we will seek full and fair compensation for your injuries and those of your family. McAleer Law believes everyone should have equal access to justice and will give each case the personal attention and care that it deserves. We are experienced in personal injury and wrongful death cases, including Georgia construction accident claims. Call us today at 404-622-5337 or contact us through our online form.

Contact Information