Robert F. Bullock, Inc. v. Thorpe, 353 S.E.2d 340 (Ga. 1987). · Go Syfert
Robert F. Bullock, Inc. v. Thorpe, 353 S.E.2d 340 (Ga. 1987). Cases Citing This Book View Copy Cite
“he doctrine of strict liability puts a burden on the manufacturer who markets a new product to take responsibility for injury to members of the consuming public for whose use and/or consumption the product is made.”
47 citation events (13 in the last 25 years) across 6 distinct courts.
Strongest positive: Campbell v. Altec Industries, Inc. (ga, 2011-02-07)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
examined Cited as authority (quoted) Campbell v. Altec Industries, Inc. (2×) also: Cited as authority (rule)
Ga. · 2011 · quote attribution · 1 verbatim quote · confidence low
he doctrine of strict liability puts a burden on the manufacturer who markets a new product to take responsibility for injury to members of the consuming public for whose use and/or consumption the product is made.
examined Cited as authority (quoted) Johnson v. Ford Motor Co. (2×) also: Cited "see"
Ga. Ct. App. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a manufactured item designed to be sold as new merchandise is initially offered for sale or lease, or otherwise marketed or placed in the stream of commerce, the coverage of ocga 51-1-11 is invoked
discussed Cited as authority (rule) Anglin v. BI LO, LLC
S.D. Ga. · 2022 · confidence medium
The rationale behind imposing strict liability on manufacturers is that it “places a burden on the manufacturer who markets a new product to take responsibility for injury to members of the consuming public for whose use and/or consumption the product is made.” S K Hand Tool Corp. v. Lowman, 479 S.E.2d 103, 106 (Ga. Ct. App. 1996) (citing Robert F. Bullock, Inc. v. Thorpe, 353 S.E.2d 340, 341 (Ga. 1987)).
discussed Cited as authority (rule) Smith v. Chemtura Corp.
Ga. Ct. App. · 2009 · confidence medium
Co., 267 Ga. 26,27 (2) ( 471 SE2d 854 ) (1996); Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744, 745 ( 353 SE2d 340 ) (1987), aff g Thorpe v. Robert F. Bullock, Inc., 179 Ga. App. 867 ( 348 SE2d 55 ) (1986). 16 See OCGA § 51-1-11. 17 Monroe, 267 Ga. at 29 (3).
discussed Cited as authority (rule) Boyce v. Gregory Poole Equipment Co.
Ga. Ct. App. · 2004 · confidence medium
Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744, 745 ( 353 SE2d 340 ) (1987); Daniel v. American Optical Corp., 251 Ga. 166, 167 (1) ( 304 SE2d 383 ) (1983); Ford Motor Co. v. Carter, 239 Ga. 657, 658 ( 238 SE2d 361 ) (1977).
discussed Cited as authority (rule) Beattie v. Beattie
Del. Super. Ct. · 2001 · confidence medium
Projectionists Protective Union, Local No. 473 v. Rialto Theatre Co., Del.Supr., 17 A.2d 836, 842 (1941)(applying § 776 of the Restatement of Torts). 28 .See Martin, 353 A.2d at 587-88 (recognizing that strict liability will apply when defective products, “placed in circulation” by a bailor or lessor, injure users or bystanders). 29 .See Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744 , 353 S.E.2d 340, 341-42 (1987)(find-ing strict liability applicable to a manufacturer which supplied a deep fryer to restaurant on a "try-out” basis when alleged defects in the fryer caused injury to resta…
cited Cited as authority (rule) Perton v. Motel Properties, Inc.
Ga. Ct. App. · 1998 · confidence medium
Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744, 745 ( 353 SE2d 340 ) (1987).
discussed Cited as authority (rule) S K Hand Tool Corp. v. Lowman
Ga. Ct. App. · 1996 · confidence medium
Strict liability, on the other hand, places “a burden on the manufacturer who markets a new product to take responsibility for injury to membérs of the consuming public for whose use and/or consumption the product is made.” Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744, 745 ( 353 SE2d 340 ) (1987).
cited Cited as authority (rule) Monroe v. Savannah Electric & Power Co.
Ga. · 1996 · confidence medium
Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744, 745 ( 353 SE2d 340 ) (1987).
discussed Cited as authority (rule) Alexander v. General Motors Corp.
Ga. Ct. App. · 1996 · confidence medium
It has done this by adopting a “doctrine of strict liability [that] puts a burden on the manufacturer who markets a new product to take responsibility for injury to members of the consuming public for whose use and/or consumption the product is made.” Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744, 745 ( 353 SE2d 340 ). 2 But does this policy overcome our traditional rule of lex loci delictus?
discussed Cited as authority (rule) Tyler v. PepsiCo, Inc.
Ga. Ct. App. · 1990 · confidence medium
We recognize that “selling” does not require the exchange of title for payment as long as the manufacturer places the produce “in the stream of commerce,” that is “put[s] the product in the hands of and under the control of a consumer. . . .” Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744, 745 ( 353 SE2d 340 ) (1987).
examined Cited "see" Monroe v. Savannah Electric & Power Co. (3×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744, 745 ( 353 SE2d 340 ).
discussed Cited "see, e.g." Banks v. International Rental & Leasing Corp. (2×)
virginislands · 2011 · signal: see also · confidence low
See also Robert F. Bullock, Inc. v. Thorpe, 256 Ga. 744 , 353 S.E.2d 340, 341 (1987) (“In those states which recognize the doctrine of strict liability in tort, the vast majority hold the doctrine applicable to bailments and leases in a commercial setting) (citing 52 A.L.R.3d 121 ).
Retrieving the full opinion text from the archive…
ROBERT F. BULLOCK, INC.
v.
THORPE Et Al.
43800.
Supreme Court of Georgia.
Mar 4, 1987.
353 S.E.2d 340
Wildman, Harrold, Allen, Dixon & Branch, Alfred B. Adams III, for appellant., Popkin, Lennard, Warren & Thompson, Theron D. Warren III, Davis & Ormand, John F. Davis, Jr., for appellees.
Clarke, Marshall, Hunt.
Cited by 21 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #38,350 of 633,719
Citer courts: Supreme Court of Georgia (1) · Court of Appeals of Georgia (1)
Clarke, Presiding Justice.

We granted certiorari in this case to review the question of[*745] whether a manufacturer can be liable under OCGA § 51-1-11 when a new product is placed in the hands of another for a try-out period prior to any actual sale. Although the Georgia statute uses the term “sold” when defining liability under strict liability for a “manufacturer of any personal property sold as new . . the Court of Appeals held that in order to effectuate the purpose of the statute, “sold” would be construed to mean “placed in the stream of commerce.” Thorpe v. Robert F. Bullock, Inc., 179 Ga. App. 867 (348 SE2d 55) (1986). We affirm.

To briefly restate the facts, Thorpe, an employee of Bennigan’s Restaurant, was burned from boiling oil from a deep fat fryer manufactured by Robert F. Bullock, Inc. Bennigan’s had not purchased the fryer, but Bullock had placed the fryer in their kitchen on a trial basis in hopes that a sale would be consummated.

In defining the scope of strict liability in tort the Georgia legislature uses the word “sold.” OCGA § 51-1-11. The issue is whether the term is merely descriptive of the type of transactions to be covered as urged by Mr. Thorpe, or is a limitation of the types of commercial transactions to be covered by the statute as contended by the manufacturer.

The petitioner correctly argues that Georgia’s strict liability doctrine is legislatively enacted and, we have said it will be strictly construed. See Ford Motor Co. v. Carter, 239 Ga. 657 (238 SE2d 361) (1977). However, we find that the application of the statute to the fact situation before us does not impermissibly enlarge on the policy set by the legislature. As stated and cited in Ellis v. Rich’s, Inc., 233 Ga. 573 (212 SE2d 373) (1975), the doctrine of strict liability puts a burden on the manufacturer who markets a new product to take responsibility for injury to members of the consuming public for whose use and/or consumption the product is made. In those states which recognize the doctrine of strict liability in tort, the vast majority hold the doctrine applicable to bailments and leases in a commercial setting. See 52 ALR3d 121 et seq., including 1986 supplement.

The petitioner here is the manufacturer of a product and in the business of selling that product. In the course of attempting to make a sale the manufacturer put the product in the hands of and under the control of a consumer and an injury occurred to an individual who is in the class of persons the statute is designed to cover. We do not believe that the lack of passing of title and payment of the purchase price takes this cause of action out of the reach of the doctrine as established by our legislature.

We do not address the issues of bailments and leases in other situations. We hold today that when a manufacturer in the business of marketing its product to an intended consumer offers the use of the product on a trial basis in order to make a sale, OCGA § 51-1-11[*746] can be applied in a suit for an alleged injury occurring during the trial use.

Decided March 4, 1987. Wildman, Harrold, Allen, Dixon & Branch, Alfred B. Adams III, for appellant. Popkin, Lennard, Warren & Thompson, Theron D. Warren III, Davis & Ormand, John F. Davis, Jr., for appellees.

Judgment affirmed.

All the Justices concur, except Marshall, C. J., who dissents. Hunt, J., disqualified.