Burroughs v. Strength of Nature Global, LLC, and Burroughs v. L’Oréal USA, Inc., [S24G1387, S24G1388, Oct. 15, 2025] __ S.E.2d __ (Ga. 2025). The Court (Pinson, J.; all Justices concur; Bethel, J., concurring specially) reversed in part and remanded.
The Court addressed how Georgia’s ten-year statute of repose for strict products liability under OCGA § 51-1-11(b)(2) applies when injury is alleged from repeated use of consumable products over time. The Court of Appeals had ruled that the repose period began with the first purchase from each manufacturer, rendering the claims time-barred. Ms.** 5–7.
Reversing, the Court held that the statute of repose applies on a per-unit basis, not collectively to all purchases. Each product sold “as new” to an end user starts its own ten-year repose period, so claims involving units sold within ten years of filing are not barred. Ms.**12–15, 17–18. The Court rejected the argument that all units form a single group governed by the earliest sale date and concluded dismissal was improper at the pleadings stage. Ms.**10–13, 17–18.
In its opinion, the Court left open whether a claim may later be barred if the injury depended on the use of units sold outside the repose period.