Georgia Code
Chapter 1 - General Provisions
§ 51-1-11. When Privity Required to Support Action; Product Liability Action and Time Limitation Therefore; Industry-Wide Liability Theories Rejected

History. Orig. Code 1863, § 2899; Code 1868, § 2905; Code 1873, § 2956; Code 1882, § 2956; Civil Code 1895, § 3812; Civil Code 1910, § 4408; Code 1933, § 105-106; Ga. L. 1968, p. 1166, § 1; Ga. L. 1978, p. 2202, § 1; Ga. L. 1978, p. 2218, § 1; Ga. L. 1978, p. 2267, § 1; Ga. L. 1987, p. 613, § 1; Ga. L. 2009, p. 625, § 1/SB 213.
Cross references.
Reports of insurers authorized to transact product liability insurance, § 33-3-22 .
Editor’s notes.
Ga. L. 2009, p. 625, § 2/SB 213, not codified by the General Assembly, provides that subsections (d) and (e) shall apply to causes of action arising on or after May 4, 2009.
Law reviews.
For comment on Eades v. Spencer-Adams Paint Co., 82 Ga. App. 123 , 60 S.E.2d 543 (1950), see 13 Ga. B. J. 343 (1951).
For comment criticizing former privity restrictions in product liability suits in light of Revlon, Inc. v. Murdock, 103 Ga. App. 842 , 120 S.E.2d 912 (1961), see 13 Mercer L. Rev. 425 (1962) (decided under former Code 1933 § 96-301).
For comment on Capital Auto. Co. v. Shinall, 103 Ga. App. 695 , 120 S.E.2d 351 (1961), see 14 Mercer L. Rev. 454 (1963).
For comment on Putnam v. Erie City Mfg. Co., 338 F.2d 911 (5th Cir. 1964), as to privity requirement in implied warranty actions, see 17 Mercer L. Rev. 318 (1965).
For article, “Georgia’s New Statutory Liability for Manufacturers: An Inadequate Legislative Response,” see 2 Ga. L. Rev. 538 (1968).
For article, “Products Liability Law in Georgia: Is Change Coming?,” see 10 Ga. St. B.J. 353 (1974).
For article discussing strict liability for defective products in Georgia, see 13 Ga. St. B.J. 142 (1977).
For note, “Products Liability in Georgia,” see 12 Ga. L. Rev. 83 (1977).
For comment on Fender v. Colonial Stores, Inc., 138 Ga. App. 31 , 225 S.E.2d 691 (1976), see 28 Mercer L. Rev. 751 (1977).
For article discussing products liability and plaintiff’s fault under the Uniform Comparative Fault Act, see 29 Mercer L. Rev. 373 (1978).
For article discussing plaintiff conduct and the emerging doctrine of comparative causation of torts, see 29 Mercer L. Rev. 403 (1978).
For article discussing the defenses to strict liability in tort, see 29 Mercer L. Rev. 447 (1978).
For article advocating imposition of strict liability for defective products in accordance with reasonable human expectations, see 29 Mercer L. Rev. 465 (1978).
For article critically analyzing the distinction in theories of recovery of damages caused by defective products between personal injuries cases and economic losses and suggesting a policy basis for deciding the latter, see 29 Mercer L. Rev. 493 (1978).
For article analyzing the roles of court decisions and public regulation in preventing and redressing product defect injuries to children, see 29 Mercer L. Rev. 523 (1978).
For article discussing comment K of § 402A Restatement of Torts (Second) pertaining to unavoidably unsafe products of societal benefit specifically in the drug and cosmetic field, see 29 Mercer L. Rev. 545 (1978).
For article advocating repudiation of the patent danger rule as a manufacturer’s defense to personal injury suits resulting from product defects, see 29 Mercer L. Rev. 583 (1978).
For article discussing architect liability for product design and supervision of construction, and the statute of limitations, see 14 Ga. St. B.J. 164 (1978).
For note discussing admissibility of automobile recall letters as proof of defect in products liability case, see 29 Mercer L. Rev. 611 (1978).
For note discussing various state legislature’s enactments restricting manufacturer’s liability for injury resulting from product defects, see 29 Mercer L. Rev. 619 (1978).
For comment discussing the prohibition of wrongful death suits under Georgia’s strict liability in Ford Motor Co. v. Carter, 239 Ga. 657 , 238 S.E.2d 361 (1977), see 29 Mercer L. Rev. 649 (1978).
For article discussing strict liability, see 17 Ga. St. B. J. 56 (1980).
For comment, “Strict Liability Actions — Which Statute of Limitations?,” see 31 Mercer L. Rev. 773 (1980).
For article on the duty to warn users of products of product danger under § 51-1-11 , see 18 Ga. St. B. J. 69 (1981).
For article surveying torts law, see 34 Mercer L. Rev. 271 (1982).
For note, “Subsequent Remedial Measures in a Product Liability Case: The Fastest Spinning Wheel in Litigation,” see 19 Ga. St. B. J. 89 (1982).
For comment, “Proposed Solutions to an ‘Obvious’ Problem in Georgia Products Liability Law,” see 35 Mercer L. Rev. 915 (1984).
For comment discussing the applicability of Federal Rule of Evidence 407 to exclude evidence of subsequent remedial measures in products liability actions, see 35 Mercer L. Rev. 1389 (1984).
For article, “Statutes of Limitation: Counterproductive Complexities,” see 37 Mercer L. Rev. 1 (1985).
For article, “Federal Automotive Safety Standards and Georgia Products Liability Law: Conflict or Coexistence?,” see 26 Ga. St. B.J. 107 (1990).
For article, “Products Liability Law in Georgia Including Recent Developments,” see 43 Mercer L. Rev. 27 (1991).
For comment, “Medical Expert Systems and Publisher Liability: A Cross-Contextual Analysis,” see 43 Emory L.J. 731 (1994).
For annual survey article on tort law, see 50 Mercer L. Rev. 335 (1998).
For note, “Ogletree v. Navistar International Transportation Corp.: The Demise of the ‘Open and Obvious Danger’ Defense,” see 50 Mercer L. Rev. 643 (1999).
For annual survey article on tort law, see 52 Mercer L. Rev. 421 (2000).
For survey article on tort law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 425 (2003).
For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005).
For annual survey of product liability law, see 58 Mercer L. Rev. 313 (2006).
For survey article on product liability law, see 59 Mercer L. Rev. 331 (2007).
For survey article on product liability law, see 60 Mercer L. Rev. 303 (2008).
For annual survey on product liability, see 61 Mercer L. Rev. 267 (2009).
For annual survey on trial practice and procedure, see 61 Mercer L. Rev. 363 (2009).
For annual survey of law on product liability, see 62 Mercer L. Rev. 243 (2010).
For note, “Does the National Childhood Vaccine Injury Compensation Act Really Prohibit Design Defect Claims?: Examining Federal Preemption in Light of American Home Products Corp. v. Ferrari,” see 26 Ga. St. U.L. Rev. 617 (2010).
For annual survey on product liability, see 64 Mercer L. Rev. 231 (2012).
For note, “The Plaintiffs Keep Getting Richer, the Manufacturers Just Stay Poor: Design Defect Litigation in Georgia Post-Banks,” see 49 Ga. L. Rev. 281 (2014).
For annual survey article on product liability, see 67 Mercer L. Rev. 177 (2015).
For annual survey on product liability, see 69 Mercer L. Rev. 231 (2017).
For article, “Do’s and Don’ts When Handling a Product Liability Matter in Georgia,” see 25 Ga. St. B.J. 17 (Aug. 2019).
For note, “Amazon’s Invincibility: The Effect of Defective Third-Party Vendors’ Products on Amazon,” see 53 Ga. L. Rev. 1215 (2019).
For article with annual survey on trial practice and procedure, see 73 Mercer L. Rev. 265 (2021).

Structure Georgia Code

Georgia Code

Title 51 - Torts

Chapter 1 - General Provisions

§ 51-1-1. Tort Defined

§ 51-1-2. Ordinary Diligence and Ordinary Negligence Defined

§ 51-1-3. Extraordinary Diligence and Slight Negligence Defined

§ 51-1-4. Slight Diligence and Gross Negligence Defined

§ 51-1-5. Meaning of “Due Care” in Reference to Child of Tender Years

§ 51-1-6. Recovery of Damages Upon Breach of Legal Duty

§ 51-1-7. When Infraction of Public Duty Gives Cause of Action to Individual

§ 51-1-8. Right of Action Arising From Breach of Private Duty

§ 51-1-9. Recovery for Torts to Self, Wife, Child, Ward, or Servant

§ 51-1-10. Who May Bring an Action for Torts to Wife; Action by Wife Living Apart From Husband for Torts to Self or Children

§ 51-1-11. When Privity Required to Support Action; Product Liability Action and Time Limitation Therefore; Industry-Wide Liability Theories Rejected

§ 51-1-11.1. Liability of Product Seller as a Manufacturer

§ 51-1-12. Liability for Ratifying Tort

§ 51-1-13. Cause of Action for Physical Injury; Intention Considered in Assessing Damages

§ 51-1-14. Violent Injury or Attempt to Commit Injury

§ 51-1-15. Right of Action for Abduction or Harboring of Wife

§ 51-1-16. Right of Action for Seduction of Daughter; Exemplary Damages

§ 51-1-17. Rights of Action for Adultery, Alienation of Affections, and Criminal Conversation Abolished

§ 51-1-18. Furnishing Alcoholic Beverages to Minor Children; Gambling With Minor Children

§ 51-1-19. Negligence by Person Given Trust or Confidence for Consideration

§ 51-1-20. Liability of Persons Serving Charitable Organizations and Public Entities While Acting in Good Faith

§ 51-1-20.1. Liability of Volunteers, Employees, or Officers of Nonprofit Association Conducting or Sponsoring Sports or Safety Program; Liability of Association

§ 51-1-20.2. Liability of Child Passenger Safety Technicians

§ 51-1-21. Liability of Owner of Watercraft for Torts Generally

§ 51-1-22. Owner’s Liability for Negligent Operation of Vessel; Express or Implied Consent Prerequisite

§ 51-1-23. Sale of Unwholesome Provisions

§ 51-1-24. Sale of Adulterated Drugs or Alcoholic Beverages

§ 51-1-25. Furnishing of Wrong Article or Medicine by Vender of Drugs and Medicines

§ 51-1-26. Survivability of Actions Under Code Sections 51-1-23 Through 51-1-25

§ 51-1-27. Recovery for Medical Malpractice Authorized

§ 51-1-28. Transfusions, Transplants, and Transfers of Human Blood, Tissue, Organs; Negligence Prerequisite to Recovery for Damages

§ 51-1-29. Liability of Persons Rendering Emergency Care

§ 51-1-29.1. Liability of Voluntary Health Care Provider and Sponsoring Organization

§ 51-1-29.2. Liability of Persons or Entities Acting to Prevent, Minimize, and Repair Injury and Damage Resulting From Catastrophic Acts of Nature

§ 51-1-29.3. Immunity for Operators of External Defibrillators

§ 51-1-29.4. Liability of Voluntary Health Care Providers and Sponsoring Organizations; Cumulative Immunity; Application

§ 51-1-29.5. Definitions; Limitation on Health Care Liability Claim to Gross Negligence in Emergency Medical Care; Factors for Jury Consideration

§ 51-1-29.6. Liability of Health Care Institutions and Providers Regarding Thc Oil

§ 51-1-30. Liability of Officers and Agents for Acts Performed While Fighting Fires or Performing Duties at the Scene of Emergencies

§ 51-1-30.1. Exemption From Tort Liability of Drivers and Operators of Fire Apparatus in Certain Municipalities

§ 51-1-30.2. Immunity of Teachers and School Personnel From Liability for Communicating Information Concerning Drug Abuse

§ 51-1-30.3. Immunity From Liability for Persons Providing Certain Services Upon Public or Private School Property and for Public or Private Schools Requesting Such Services

§ 51-1-30.4. Immunity From Liability for Officers Providing Security at Nuclear Facilities

§ 51-1-31. Liability From Donation of Canned or Perishable Food to Charitable or Nonprofit Organizations for Use or Distribution

§ 51-1-32. Separate Causes of Action for Personal Injury and Property Damage Caused by Motor Vehicle

§ 51-1-33. Settlement of Single Action Under Code Section 51-1-32 — Evidence in Separate Action

§ 51-1-34. Settlement of Single Action Under Code Section 51-1-32 — Effect in Separate Action

§ 51-1-35. When Negotiating or Obtaining Statement From Injured Adverse Party Prohibited; Effect of Prohibited Settlement in Court Action

§ 51-1-36. Duty of Care of Operator of Motor Vehicle to Passengers

§ 51-1-37. Negligent or Improper Administration of Polygraph Examination; Measure of Damages

§ 51-1-38. Tort Immunity for Medical Students; Exceptions

§ 51-1-39. Liability for Injuries of Person Committing Crime on Political Subdivision Property

§ 51-1-40. Liability for Acts of Intoxicated Persons

§ 51-1-41. Liability of Sports Officials at Amateur Athletic Contests

§ 51-1-42. Limitation of Liability for Transportation of Senior Citizens by Volunteer

§ 51-1-43. “Roller Skating Safety Act of 1993.”

§ 51-1-44. Limitation of Liability for Dental Students

§ 51-1-45. Immunity of Persons Serving Without Compensation as Athletic Team Physicians

§ 51-1-46. “Drug Dealer Liability Act”; Purpose; Definitions; Actions Against Persons Participating in Illegal Marketing of Controlled Substances

§ 51-1-47. Immunity for Disconnection of Motor Vehicle Air Bags

§ 51-1-48. Diligence Required in Reviewing Claims; Nonwaivable Liability Is Not Created; Definitions

§ 51-1-49. Requirements for Maintaining Cause of Action Against Managed Care Entity; Notice; Independent Review

§ 51-1-50. Immunity of Broadcasters From Liability for Levi’s Call: Georgia’s Amber Alert Program

§ 51-1-51. Limitations on Liability of Liquefied Petroleum Gas Providers

§ 51-1-52. Federal Law Payor Guidelines and Criteria Not a Legal Basis for Negligence or Standard of Care for Medical Malpractice or Product Liability

§ 51-1-53. Recreational Joint-Use Agreements

§ 51-1-54. Program and Treatment Completion Certificate

§ 51-1-55. Firearm Instructor Liability

§ 51-1-56. Civil Recovery Available to Victims of Human Trafficking; Statute of Limitations; Relief Sought by Attorney General