Any person who knowingly or negligently, by himself or his agent, sells adulterated drugs or alcoholic beverages to another person, by the use of which damage accrues to the purchaser, his patients, his family, or his property, shall be liable in damages for the injury done.
(Orig. Code 1863, § 2946; Code 1868, § 2953; Code 1873, § 3004; Code 1882, § 3004; Civil Code 1895, § 3865; Civil Code 1910, § 4461; Code 1933, § 105-1102.)
Cross references.- Warranties relating to sales of goods generally, § 11-2-312 et seq.
Pharmacists and pharmacies generally, § 26-4-1 et seq.
Law reviews.- 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).
JUDICIAL DECISIONS
Knowledge of defect or negligence by supplier essential to action.
- With respect to the sale of specified articles intended for human consumption or use, either knowledge of the defect or negligence by the seller is an essential element. Lovett v. Emory Univ., Inc., 116 Ga. App. 277, 156 S.E.2d 923 (1967).
Druggist not liable when druggist had no knowledge of adulterated condition.
- Druggist who sold to customer an original unbroken package of proprietary medicine which was called for by the customer was not guilty of negligence because the contents of such package were "old, aged, stale, worm-eaten, deleterious, and unfit" for human consumption, when it did not appear that the druggist knew of such condition. Howard v. Jacobs' Pharmacy Co., 55 Ga. App. 163, 189 S.E. 373 (1937).
RESEARCH REFERENCES
Am. Jur. 2d.
- 63 Am. Jur. 2d, Products Liability, § 570 et seq. 63A Am. Jur. 2d, Products Liability, §§ 1067, 1133, 1138. 63B Am. Jur. 2d, Products Liability, §§ 1919, 1920.
8C Am. Jur. Pleading and Practice Forms, Drugs, Narcotics, and Poisons, § 13 et seq.
Injuries from Drugs, 7 POF3d 1.
C.J.S.- 28 C.J.S. Drugs and Narcotics, §§ 14, 36 et seq.
ALR.- Liability of manufacturer or seller for injury caused by beverage sold, 77 A.L.R.2d 215.
Liability of manufacturer or seller for injury caused by drug or medicine sold, 79 A.L.R.2d 301.
Liability, under dramshop acts, of one who sells or furnishes liquor otherwise than in operation of regularly established liquor business, 8 A.L.R.3d 1412.
Liability of manufacturer or seller for injury or death allegedly caused by use of contraceptive, 70 A.L.R.3d 315.
Liability of manufacturer or seller for injury or death allegedly caused by failure to warn regarding danger in use of vaccine or prescription drug, 94 A.L.R.3d 748.
Liability of manufacturer of oral live polio (Sabin) vaccine for injury or death from its administration, 66 A.L.R.4th 83.
Liability for injury or death allegedly caused by spoilage or contamination of beverage, 87 A.L.R.4th 804.
Liability for injury or death allegedly caused by foreign substance in beverage, 90 A.L.R.4th 12.
Malpractice: physician's liability for injury or death resulting from side effects of drugs intentionally administered to or prescribed for patient, 47 A.L.R.5th 433.
Liability of manufacturer or seller for injury or death allegedly caused by use of contraceptive, 54 A.L.R.5th 1.