241 Ga. App. 115 - Battersby v. Boyer’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Georgia law has long recognized (a distinction) between negligence and strict liability theories of liability. Banks v. ICI Americas, [supra at 735, n. 3] and cits. These are separate and distinct claims arising from different duties owed by the manufacturer to consumers. The distinction between these causes of action reflects the different duties that devolve upon manufacturers. While a manufacturer has a duty to exercise reasonable care in manufacturing its products so as to make products that are reasonably safe for intended or foreseeable uses, the manufacturer of a product which, to its actual or constructive knowledge, involves danger to users, has a duty to give warning of such danger. Breach of these different duties hence gives rise to separate and distinct claims. (Citations and punctuation omitted.) Chrysler Corp. v. Batten. 8 Zeigler v. Clowhite Co. 9 Thus, a duty to warn can arise even if a product is not defective.”

   1 later decision quote this exact passage
   e.g. 246 Ga. App. 601 - Moore v. ECI MANAGEMENT

2. “A product is not in a defective condition when it is safe for normal handling and consumption. If the injury results from abnormal handling, the seller is not liable. Where, however, he has reason to anticipate that danger may result from a particular use, he may be required to give adequate warning of the danger, and a product sold without such warning is in a defective condition.”

   1 later decision quote this exact passage
   e.g. 258 Ga. App. 884 - WABASH METAL PRODUCTS, INC. v. AT Plastics Corp.