Legal Opinion
Jones v. NordicTrack, Inc.
Supreme Court of Georgia
Decided July 16, 2001No. S01Q0568PublishedCited by 24 opinions
1Opinion of the Court
Hines, Justice.
This case is before the Court on a certified question from the United States Court of Appeals for the Eleventh Circuit.1 Jones v. NordicTrack, Inc., 236 F3d 658 (11th Cir. 2000). The question certified is:
Must a product be in use2 at the time of injury for a defendant to be held liable for defective design under theories of strict liability, negligence, or failure to warn?3
The answer is that in a products liability action for defective design the focus is not on use of the product. Under Georgia law, the proper analysis in a design defect case is to balance the risks inherent…
2Cases cited11 opinions
- Banks v. ICI Americas, Inc.Supreme Court of Georgia · 1994
- Center Chemical Co. v. ParziniSupreme Court of Georgia · 1975
- Chrysler Corp. v. BattenSupreme Court of Georgia · 1994
- Hatch v. Ford Motor Co.California Court of Appeal · 1958
- Diefenderfer v. PierceSupreme Court of Georgia · 1990
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3Cited by24 opinions
- Tincher, T. v. Omega Flex, Inc., Aplt.Supreme Court of Pennsylvania · 2014
- John Crane, Inc. v. JonesSupreme Court of Georgia · 2004
- Certainteed Corp. v. FletcherSupreme Court of Georgia · 2016
- Brazil v. Janssen Research & Development LLCDistrict Court, N.D. Georgia · 2016
- FLETCHER v. WATER APPLICATIONS DISTRIBUTION GROUP, INC. Et Al.Court of Appeals of Georgia · 2015
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