My firm recently successfully represented a client in a unique case where someone was injured from a hook left in a piece of seafood.
Liability for the sellers of dangerous food in Georgia is codified in the Georgia Food Act.
The Georgia Food Act (O.C.G.A. §§ 26-2-20 et seq.) prohibits the adulteration or misbranding of food and the manufacture, sale, or delivery of any food that is adulterated or misbranded. Food is adulterated within the meaning of the Georgia Food Act if it bears or contains any poisonous or deleterious substance which may render it injurious to health. O.C.G.A. § 26-2-26(1). Adulteration can occur when there is a foreign object in the food that was sold. Additionally, liability for sellers of unwholesome food is based on O.C.G.A. § 51-1-23.
O.C.G.A. § 51-1-23 reads as follows:
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…