Title 51, Chapter 1, Section 11
( 51-1-11)
(a) Except as otherwise provided in this Code section, no privity is necessary to support a tort action; but, if the tort results from the violation of a duty which is itself the consequence of a contract, the right of action is confined to the parties and those in privity to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 11-2-318. (b)(1) The manufacturer of any personal property sold as new
property directly or through a dealer or any other person shall be
liable in tort, irrespective of privity, to any natural person who
may use, consume, or reasonably be affected by the property and
who suffers injury to his person or property because the property
when sold by the manufacturer was not merchantable and reasonably
suited to the use intended, and its condition when sold is the
proximate cause of the injury sustained. (2) No action shall be commenced pursuant to this subsection with
respect to an injury after ten years from the date of the first
sale for use or consumption of the personal property causing or
otherwise bringing about the injury. (3) A manufacturer may not exclude or limit the operation of this
subsection. (c) The limitation of paragraph (2) of subsection (b) of this Code
section regarding bringing an action within ten years from the date
of the first sale for use or consumption of personal property shall
also apply to the commencement of an action claiming negligence of a
manufacturer as the basis of liability, except an action seeking to
recover from a manufacturer for injuries or damages arising out of
the negligence of such manufacturer in manufacturing products which
cause a disease or birth defect, or arising out of conduct which
manifests a willful, reckless, or wanton disregard for life or
property. Nothing contained in this subsection shall relieve a
manufacturer from the duty to warn of a danger arising from use of a
product once that danger becomes known to the manufacturer. |