GA Code § 11-2-318 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 3 - General Obligation and Construction of Contract|§ 11-2-318. Third Party Beneficiaries of Warranties Express or Implied

 A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this Code section.   (Code 1933, § 109A-2 - 318, enacted by Ga. L. 1962, p. 156, § 1.)   Cross references.   - Necessity of privity to support tort action generally, and as to liability of manufacturer of personal property sold as new property directly or through a dealer or other person, § 51-1-11.    Civil action for knowing or negligent selling of unwholesome provisions, drugs, alcoholic beverages, etc., to another person by use of which damage results to purchaser or his family, § 51-1-23 et seq.   Law reviews.   - For article, "Georgia's New Statutory Liability for Manufacturers: An Inadequate Legislative Responses," see 2 Ga. L. Rev. 538 (1968). For article discussing interpretation of warranties under the Uniform Commercial Code, see 4 Ga. L. Rev. 469 (1970). For article, "Products Liability Law in Georgia: Is Change Coming?" see 10 Ga. St. B.J. 353 (1974). For article explaining the Unfair Trade Practices and Consumer Protection Act, proposed in Georgia in 1973, see 10 Ga. St. B.J. 409 (1974). For article discussing modification of consumer warranty provisions of the U.C.C. by the Magnuson-Moss Act (15 U.S.C. §§ 2301-2312) with special emphasis on attempted disclaimers, see 27 Mercer L. Rev. 1111 (1976). For article discussing strict liability for defective products in Georgia, see 13 Ga. St. B.J. 142 (1977). For article surveying developments in the Georgia torts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 247 (1981). For article, "Products Liability Law in Georgia Including Recent Developments," see 43 Mercer L. Rev. 27 (1991). For annual survey on construction law, see 71 Mercer L. Rev. 57 (2019). For note, "Allowance of Punitive Damages in Products Liability Claims," see 6 Ga. L. Rev. 613 (1972). For note, "Buyer's Right to Revoke Acceptance Against the Automobile Manufacturer for Breach of its Continuing Warranty of Repair or Replacement," see 7 Ga. L. Rev. 711 (1973). For note, "Enforcing Manufacturers' Warranty Exclusions Against Non-Privity Commercial Purchasers: The Need for Uniform Guidelines," see 20 Ga. L. Rev. 461 (1986). For comment on U.C.C.'s restrictive effect on consumers' right of action against manufacturers absent privity, see 1 Ga. St. B.J. 129 (1964). 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).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Employees of Buyer   Manufacturer's Liability    RESEARCH REFERENCES   Am. Jur. 2d.   - 67A Am. Jur. 2d, Sales, §§ 708-715.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:307.   C.J.S.   - 77A C.J.S., Sales, §§ 240, 241.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-318.   ALR.    - Joinder of manufacturer or packer and retailer or other middleman as defendants in action for injury to person or damage to property of purchaser or consumer of defective article, 119 A.L.R. 1356.    Express warranty as excluding implied warranty of fitness, 164 A.L.R. 1321.   Assignability of warranty of goods and chattels, 17 A.L.R.2d 1196.   Privity of contract as essential to recovery in action based on theory other than negligence, against manufacturer or seller of product alleged to have caused injury, 75 A.L.R.2d 39.   Right of member of armed forces to recover from manufacturer or seller for injury caused by defective military material, equipment, supplies, or components thereof, 38 A.L.R.3d 1247.   Liability of manufacturer or seller of power lawnmower for injuries to user, 41 A.L.R.3d 986.   Liability of manufacturer, seller, or distributor of motor vehicle for defect which merely enhances injury from accident otherwise caused, 42 A.L.R.3d 560; 96 A.L.R.3d 265.   Application of warranty provisions of Uniform Commercial Code to bailments, 48 A.L.R.3d 668.   Liability of manufacturer, seller, or installer for personal injury caused by door glass, 84 A.L.R.3d 877.   Products liability: toys and games, 95 A.L.R.3d 390.   Products liability: forklift trucks, 95 A.L.R.3d 541.   Products liability: defective vehicular gasoline tanks, 96 A.L.R.3d 265.   Products liability: industrial accidents involving conveyor belts or systems, 2 A.L.R.4th 262.   Construction and effect of new motor vehicle warranty limiting manufacturer's liability to repair or replacement of defective parts, 2 A.L.R.4th 576.   Products liability: defective vehicular windows, 3 A.L.R.4th 489.   Liability of manufacturer of oral live polio (Sabin) vaccine for injury or death from its administration, 66 A.L.R.4th 83.   Products liability: general recreational equipment, 77 A.L.R.4th 1121.   Purchaser's disbelief in, or nonreliance upon, express warranties made by seller in contract for sale of business as precluding action for breach of express warranties, 7 A.L.R.5th 841.   Liability on implied warranties in sale of used motor vehicle, 47 A.L.R.5th 677.   Third-party beneficiaries of warranties under UCC § 2-318, 50 A.L.R.5th 327.