GA Code § 51-1-23 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-23. Sale of Unwholesome Provisions

 Any person who knowingly or negligently sells unwholesome provisions of any kind to another person, the defect being unknown to the purchaser, by the use of which damage results to the purchaser or to his family, shall be liable in damages for such injury.   (Orig. Code 1863, § 2945; Code 1868, § 2952; Code 1873, § 3003; Code 1882, § 3003; Civil Code 1895, § 3864; Civil Code 1910, § 4460; Code 1933, § 105-1101.)   Cross references.   - Warranties relating to sales of goods, § 11-2-312 et seq.    Adulterated food, § 26-2-26.   Law reviews.   - For comment on Davis v. Williams, 58 Ga. App. 274, 198 S.E. 357 (1938), see 1 Ga. B. J. 41 (1939).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Applicability to Specific Cases    RESEARCH REFERENCES   Am. Jur. 2d.   - 63 Am. Jur. 2d, Products Liability § 1 et seq.   Foreign Substance in Food or Beverage, 30 POF2d 1.   Food Poisoning, 31 POF2d 31.   Cigarette Manufacturer's Liability for Mesothelioma Caused by Asbestos Fibers in Cigarette Filters, 39 POF3d 181.   C.J.S.   - 72A C.J.S. Supp., Products Liability, § 1 et seq.   ALR.    - Presumption of negligence from foreign substance in food, 4 A.L.R. 1559; 47 A.L.R. 148; 105 A.L.R. 1039; 171 A.L.R. 1209.    Seller's duty to ascertain at his peril that articles of food conform to food regulations, 28 A.L.R. 1385.    Illness after partaking of food or drink as evidence of negligence on part of one who prepared or sold it, 49 A.L.R. 592.    Statutory provisions relating to purity of food products as applicable to foreign substances which get into product as result of accident or negligence, and not by purpose or design, 98 A.L.R. 1496.    Knowledge or actual negligence on part of seller which is not an element of criminal offense under penal statute relating sale of unfit food or other commodity, as condition of civil action in tort in which violation of the statute is relied upon as negligence per se or evidence of negligence, 128 A.L.R. 464.    Infected or tainted condition of milk or other food, or contamination in water, and its causation of the sickness of the consumer, as inferable from such sickness, 130 A.L.R. 616.    Liability of manufacturer or packer of defective article for injury to person or property of ultimate consumer who purchased from middleman, 140 A.L.R. 191; 142 A.L.R. 1490.    Implied warranty of reasonable fitness of food for human consumption as breached by substance natural to the original product and not removed in processing, 143 A.L.R. 1421.   Implied warranty of fitness by one serving food, 7 A.L.R.2d 1027, 87 A.L.R.4th 804, 90 A.L.R.4th 12.   Recovery for loss of business resulting from resale of unwholesome food or beverages furnished by another, 17 A.L.R.2d 1379.   Liability of manufacturer or seller for injury caused by food or food product sold, 77 A.L.R.2d 7.   Liability of manufacturer or seller for injury caused by beverage sold, 77 A.L.R.2d 215.   Master and servant: employer's liability for injury caused by food or drink purchased by employee in plant facilities, 50 A.L.R.3d 505.   Products liability: necessity and sufficiency of identification of defendant as manufacturer or seller of product alleged to have caused injury, 51 A.L.R.3d 1344.   Liability of water supplier for damages resulting from furnishing impure water, 54 A.L.R.3d 936.   Liability of packer, foodstore, or restaurant for causing trichinosis, 96 A.L.R.3d 451.   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.   Liability for injury or death allegedly caused by foreign object in food or food product, 1 A.L.R.5th 1.   Liability for injury or death allegedly caused by spoilage, contamination, or other deleterious condition of food or food product, 2 A.L.R.5th 1.   Liability for injury or death allegedly caused by food product containing object related to, but not intended to be present in, product, 2 A.L.R.5th 189.   Products Liability: Necessity and Admissibility of Expert or Opinion Evidence as to Causation of Injury to Users of Asbestos and Tobacco Products, 50 A.L.R.7th 3.