Syfert Injury Law Firm
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Call Now: 904-383-7448If a vender of drugs and medicines, by himself or his agent, either knowingly or negligently furnishes the wrong article or medicine and damage accrues to the purchaser, his patients, his family, or his property from the use of the drug or medicine furnished, the vender shall be liable for the injury done.
(Orig. Code 1863, § 2947; Code 1868, § 2954; Code 1873, § 3005; Code 1882, § 3005; Civil Code 1895, § 3866; Civil Code 1910, § 4462; Code 1933, § 105-1103.)
- Pharmacists and pharmacies generally, § 26-4-1 et seq.
- For article, "Liability for Vaccine Injury: The United States, the European Union, and the Developing World," see 67 Emory L.J. 415 (2018). For note, "Does the National Childhood Vaccine Injury Compensation Act Really Prohibit Design Defect Claims?: Examining Federal Preemption in Light of American Home Products Corp. v. Ferrari," see 26 Ga. St. U.L. Rev. 617 (2010).
- O.C.G.A. § 51-1-25 does nothing more than codify, with respect to vendors of drugs and medicines, the general common-law duty of all persons to exercise reasonable care and diligence to avoid injuring others. Sparks v. Kroger Co., 200 Ga. App. 135, 407 S.E.2d 105 (1991).
Druggist impliedly warrants that article druggist sells is article called for, and is liable for breach of such warranty for injury resulting in giving the purchaser the wrong article. Watkins v. Jacobs Pharmacy Co., 48 Ga. App. 38, 171 S.E. 830 (1933).
Legal doctrine caveat emptor should in cases of vendors of drugs be caveat vendor. Watkins v. Jacobs Pharmacy Co., 48 Ga. App. 38, 171 S.E. 830 (1933).
- With respect to the sale of specified articles intended for human consumption or use, either knowledge of the defect or negligence by the seller is an essential element. Lovett v. Emory Univ., Inc., 116 Ga. App. 277, 156 S.E.2d 923 (1967).
- When a vendor of drugs or medicines is a licensed pharmacist and is sued on the basis of allegations that the pharmacist negligently dispensed the wrong drug in filling a medical prescription, the claim against the pharmacist clearly is for professional malpractice. Sparks v. Kroger Co., 200 Ga. App. 135, 407 S.E.2d 105 (1991).
There is nothing in O.C.G.A. § 51-1-25 which would obviate the need for compliance with O.C.G.A. § 9-11-9.1, which requires an affidavit to accompany a charge of professional malpractice. Sparks v. Kroger Co., 200 Ga. App. 135, 407 S.E.2d 105 (1991).
Cited in Lewis v. Brannen, 6 Ga. App. 419, 65 S.E. 189 (1909); Jacobs Pharmacy Co. v. Gipson, 116 Ga. App. 760, 159 S.E.2d 171 (1967).
- 63 Am. Jur. 2d, Products Liability, § 570 et seq. 63A Am. Jur. 2d, Products Liability, §§ 1067, 1133, 1138. 63B Am. Jur. 2d, Products Liability, §§ 1919, 1920.
- 28 C.J.S., Drugs and Narcotics, § 40 et seq.
- Liability of druggist for injury in consequence of mistake, 31 A.L.R. 1336; 44 A.L.R. 1482.
Liability of druggist for punitive damages, 31 A.L.R. 1362.
Civil liability of pharmacist who fills accurately an improper prescription or one calling for an unusual dose, 80 A.L.R. 452.
Liability of manufacturer or seller for injury caused by drug or medicine sold, 79 A.L.R.2d 301.
Hospital's liability for negligence in connection with preparation, storage, or dispensing of drug or medicine, 9 A.L.R.3d 579.
Malpractice: doctor's liability for mistakenly administering drug, 23 A.L.R.3d 1334.
Druggist's civil liability for suicide consummated with drugs furnished by him, 58 A.L.R.3d 828.
Liability of manufacturer or seller for injury or death allegedly caused by failure to warn regarding danger in use of vaccine or prescription drug, 94 A.L.R.3d 748.
Promotional efforts directed toward prescribing physician as affecting prescription drug manufacturer's liability for product-caused injury, 94 A.L.R.3d 1080.
Druggist's civil liability for injuries sustained as result of negligence in incorrectly filling drug prescriptions, 3 A.L.R.4th 270.
Liability of pharmacist who accurately fills prescription for harm resulting to user, 44 A.L.R.5th 393.
Total Results: 20
Court: Supreme Court of Georgia | Date Filed: 2024-10-31
Snippet: motion, and at the first 1 See OCGA § 51-12-5.1 (d) (providing that in the first phase of a trial
Court: Supreme Court of Georgia | Date Filed: 2023-09-19
Snippet: as Georgia’s punitive-damages statute, OCGA § 51- 12-5.1 (b). See Ga. L. 1987, pp. 613, 917-918. But
Court: Supreme Court of Georgia | Date Filed: 2023-03-15
Snippet: damages found in OCGA § 51-12-5.1 (g). Taylor contends that OCGA § 51-12-5.1 (g) violates the rights
Court: Supreme Court of Georgia | Date Filed: 2018-05-07
Citation: 814 S.E.2d 1
Snippet: procedures for imposing punitive damages under OCGA § 51-12-5.1 was not required? We answer the first question
Court: Supreme Court of Georgia | Date Filed: 2017-01-23
Citation: 300 Ga. 475, 796 S.E.2d 255, 2017 WL 279514, 2017 Ga. LEXIS 32
Snippet: punish, penalize, or deter a defendant.” OCGA § 51-12-5.1 (c). Indeed, in this sense, punitive damages
Court: Supreme Court of Georgia | Date Filed: 2016-06-06
Citation: 299 Ga. 144, 787 S.E.2d 191, 2016 WL 3144352, 2016 Ga. LEXIS 400
Snippet: punitive damages pursuant to *146 OCGA § 51-12-5.1 (b). 1 The Court of Appeals granted
Court: Supreme Court of Georgia | Date Filed: 2014-07-11
Snippet: (Citation and punctuation omitted.) See also OCGA § 51-12-5.1 (c) (“Punitive damages shall be awarded not as
Court: Supreme Court of Georgia | Date Filed: 2014-07-11
Citation: 295 Ga. 487, 761 S.E.2d 261, 2014 WL 3396496, 2014 Ga. LEXIS 579
Snippet: (Citation and punctuation omitted.) See also OCGA § 51-12-5.1 (c) (“Punitive damages shall be awarded not as
Court: Supreme Court of Georgia | Date Filed: 2013-01-22
Citation: 292 Ga. 332, 737 S.E.2d 669, 2013 Fulton County D. Rep. 101, 2013 WL 215929, 2013 Ga. LEXIS 66
Snippet: to the 1987 passage of the Act was then-OCGA § 51-12-5,5 which permitted the award of “additional damages
Court: Supreme Court of Georgia | Date Filed: 2010-03-22
Citation: 691 S.E.2d 218, 286 Ga. 731, 2010 Fulton County D. Rep. 874, 2010 Ga. LEXIS 272
Snippet: implicateSeventh Amendment jury trial right). See also OCGA § 51-12-5.1 (c) ("[p]unitive damages shall be awarded not
Court: Supreme Court of Georgia | Date Filed: 2006-10-30
Citation: 637 S.E.2d 198, 281 Ga. 197
Snippet: App. 31, 622 S.E.2d 367 (2005). [2] See OCGA § 51-12-5.1(f). [3] Although the Court of Appeals held that
Court: Supreme Court of Georgia | Date Filed: 2006-03-13
Citation: 627 S.E.2d 549, 280 Ga. 420, 2006 Fulton County D. Rep. 711, 2006 Ga. LEXIS 163
Snippet: res judicata doctrine in this case. *426OCGA § 51-12-5.1 (e) (1) permits the recovery of only one punitive
Court: Supreme Court of Georgia | Date Filed: 2005-06-16
Citation: 614 S.E.2d 758, 279 Ga. 428, 2005 Fulton County D. Rep. 1850, 2005 Ga. LEXIS 445
Snippet: guardianship of alleged incapacitated adult), OCGA § 51-12-5.1 (recovery of punitive damages in tort actions)
Court: Supreme Court of Georgia | Date Filed: 2003-03-03
Citation: 576 S.E.2d 286, 276 Ga. 280, 2003 Fulton County D. Rep. 788, 2003 Ga. LEXIS 179
Snippet: phase of a trial conducted pursuant to OCGA § 51-12-5.1(d)(2) for the purpose of determining the amount
Court: Supreme Court of Georgia | Date Filed: 2000-10-23
Citation: 537 S.E.2d 356, 273 Ga. 169, 2000 Fulton County D. Rep. 3946, 2000 Ga. LEXIS 774
Snippet: (1984). [10] Id. [11] (Emphasis supplied.) OCGA § 51-12-5.1(b). [12] Fulton v. Anchor Savings Bank, 215
Court: Supreme Court of Georgia | Date Filed: 2000-02-28
Citation: 527 S.E.2d 180, 272 Ga. 118, 2000 Fulton County D. Rep. 819, 2000 Ga. LEXIS 135
Snippet: Tylers' claims for punitive damages under OCGA § 51-12-5.1(b) and attorney fees under OCGA § 13-6-11.[1]
Court: Supreme Court of Georgia | Date Filed: 1998-10-26
Citation: 508 S.E.2d 167, 270 Ga. 62, 98 Fulton County D. Rep. 3567, 1998 Ga. LEXIS 995
Snippet: has provided for punitive damages, see OCGA § 51-12-5.1, and in this circumstance, there is no public
Court: Supreme Court of Georgia | Date Filed: 1998-03-16
Citation: 496 S.E.2d 907, 269 Ga. 217
Snippet: statement that punitive damages under OCGA § 51-12-5 or OCGA § 51-12-5.1 would not be awarded. However, in this
Court: Supreme Court of Georgia | Date Filed: 1998-03-02
Citation: 496 S.E.2d 459, 269 Ga. 191
Snippet: trial court bifurcated the trial based on OCGA § 51-12-5.1, the punitive damages statute, and granted Webster's
Court: Supreme Court of Georgia | Date Filed: 1998-02-23
Citation: 497 S.E.2d 786, 269 Ga. 262
Snippet: punitive damage cap found in subsection (g) of OCGA § 51-12-5.1 on the basis that the jury did not make a separate