Georgia Law Review, Vol. 2, No. 4 (Summer 1968), pp. 538-572


During its 1968 session the Georgia Legislature passed a bill intending to create a right of action in tort, independent of negligence, in favor of consumers, users or other foreseeably affected parties against manufacturers of defective products. While Georgia has been in need of judicial or legislative action in this realm, it is the author's thesis that the recently enacted statute is unsatisfactory and should be redrafted. The purpose of this article is as follows: (1) to describe and trace historically the problems which have been encountered in providing legal protection to the individual for injury caused by defective goods; (2) to describe briefly recent developments in other jurisdictions related to the problem; (3) to describe the provisions and potential effects of the new Georgia statute; (4) to examine the weaknesses of the statute and potential harms which may result from it; (5) and to suggest revisions which might be reconsidered.