2018 Georgia Code Annotated

TITLE 51 TORTS

Chap.

• 1. General Provisions, 51-1-1 through 51-1-55.
• 2. Imputable Negligence, 51-2-1 through 51-2-7.
• 3. Liability of Owners and Occupiers of Land, 51-3-1 through 51-3-44.
• 4. Wrongful Death, 51-4-1 through 51-4-6.
• 5. Libel and Slander, 51-5-1 through 51-5-12.
• 6. Fraud and Deceit, 51-6-1 through 51-6-4.
• 7. False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation, 51-7-1 through 51-7-85.
• 8. Forcible Entry and Detainer, 51-8-1 through 51-8-11 [Repealed], 51-8-1 through 51-8-11.
• 9. Injuries to Real Estate, 51-9-1 through 51-9-11.
• 10. Injuries to Personalty, 51-10-1 through 51-10-6.
• 11. Defenses to Tort Actions, 51-11-1 through 51-11-21.
• 12. Damages, 51-12-1 through 51-12-77.
• 13. Recovery in Medical Malpractice Actions, 51-13-1.
• 14. Asbestos and Silica Claims, 51-14-1 through 51-14-13.
• 15. Asbestos Claims, 51-15-1 through 51-15-8.

Chapter 1. General Provisions, 51-1-1 through 51-1-55.

• 51-1-1. Tort defined.
• 51-1-2. Ordinary diligence and ordinary negligence defined.
• 51-1-3. Extraordinary diligence and slight negligence defined.
• 51-1-4. Slight diligence and gross negligence defined.
• 51-1-5. Meaning of "due care" in reference to child of tender years.
• 51-1-6. Recovery of damages upon breach of legal duty.
• 51-1-7. When infraction of public duty gives cause of action to individual.
• 51-1-8. Right of action arising from breach of private duty.
• 51-1-9. Recovery for torts to self, wife, child, ward, or servant.
• 51-1-10. Who may bring an action for torts to wife; action by wife living apart from husband for torts to self or children.
• 51-1-11. When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected.
• 51-1-11.1. Liability of product seller as a manufacturer.
• 51-1-12. Liability for ratifying tort.
• 51-1-13. Cause of action for physical injury; intention considered in assessing damages.
• 51-1-14. Violent injury or attempt to commit injury.
• 51-1-15. Right of action for abduction or harboring of wife.
• 51-1-16. Right of action for seduction of daughter; exemplary damages.
• 51-1-17. Rights of action for adultery, alienation of affections, and criminal conversation abolished.
• 51-1-18. Furnishing alcoholic beverages to minor children; gambling with minor children.
• 51-1-19. Negligence by person given trust or confidence for consideration.
• 51-1-20. Liability of persons serving charitable organizations and public entities while acting in good faith.
• 51-1-20.1. Liability of volunteers, employees, or officers of nonprofit association conducting or sponsoring sports or safety program; liability of association.
• 51-1-20.2. Liability of child passenger safety technicians.
• 51-1-21. Liability of owner of watercraft for torts generally.
• 51-1-22. Owner's liability for negligent operation of vessel; express or implied consent prerequisite.
• 51-1-23. Sale of unwholesome provisions.
• 51-1-24. Sale of adulterated drugs or alcoholic beverages.
• 51-1-25. Furnishing of wrong article or medicine by vender of drugs and medicines.
• 51-1-26. Survivability of actions under Code Sections 51-1-23 through 51-1-25.
• 51-1-27. Recovery for medical malpractice authorized.
• 51-1-28. Transfusions, transplants, and transfers of human blood, tissue, organs; negligence prerequisite to recovery for damages.
• 51-1-29. Liability of persons rendering emergency care.
• 51-1-29.1. Liability of voluntary health care provider and sponsoring organization.
• 51-1-29.2. Liability of persons or entities acting to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature.
• 51-1-29.3. Immunity for operators of external defibrillators.
• 51-1-29.4. Liability of voluntary health care providers and sponsoring organizations; cumulative immunity; application.
• 51-1-29.5. Definitions; limitation on health care liability claim to gross negligence in emergency medical care; factors for jury consideration.
• 51-1-29.6. Liability of health care institutions and providers regarding THC oil.
• 51-1-30. Liability of officers and agents for acts performed while fighting fires or performing duties at the scene of emergencies.
• 51-1-30.1. Exemption from tort liability of drivers and operators of fire apparatus in certain municipalities.
• 51-1-30.2. Immunity of teachers and school personnel from liability for communicating information concerning drug abuse.
• 51-1-30.3. Immunity from liability for persons providing certain services upon public or private school property and for public or private schools requesting such services.
• 51-1-30.4. Immunity from liability for officers providing security at nuclear facilities.
• 51-1-31. Liability from donation of canned or perishable food to charitable or nonprofit organizations for use or distribution.
• 51-1-32. Separate causes of action for personal injury and property damage caused by motor vehicle.
• 51-1-33. Settlement of single action under Code Section 51-1-32 - Evidence in separate action.
• 51-1-34. Settlement of single action under Code Section 51-1-32 - Effect in separate action.
• 51-1-35. When negotiating or obtaining statement from injured adverse party prohibited; effect of prohibited settlement in court action.
• 51-1-36. Duty of care of operator of motor vehicle to passengers.
• 51-1-37. Negligent or improper administration of polygraph examination; measure of damages.
• 51-1-38. Tort immunity for medical students; exceptions.
• 51-1-39. Liability for injuries of person committing crime on political subdivision property.
• 51-1-40. Liability for acts of intoxicated persons.
• 51-1-41. Liability of sports officials at amateur athletic contests.
• 51-1-42. Limitation of liability for transportation of senior citizens by volunteer.
• 51-1-43. "Roller Skating Safety Act of 1993."
• 51-1-44. Limitation of liability for dental students.
• 51-1-45. Immunity of persons serving without compensation as athletic team physicians.
• 51-1-46. "Drug Dealer Liability Act"; purpose; definitions; actions against persons participating in illegal marketing of controlled substances.
• 51-1-47. Immunity for disconnection of motor vehicle air bags.
• 51-1-48. Diligence required in reviewing claims; nonwaivable liability is not created; definitions.
• 51-1-49. Requirements for maintaining cause of action against managed care entity; notice; independent review.
• 51-1-50. Immunity of broadcasters from liability for Levi's Call: Georgia's Amber Alert Program.
• 51-1-51. Limitations on liability of liquefied petroleum gas providers.
• 51-1-52. Federal law payor guidelines and criteria not a legal basis for negligence or standard of care for medical malpractice or product liability.
• 51-1-53. Recreational joint-use agreements.
• 51-1-54. Program and Treatment Completion Certificate.
• 51-1-55. Firearm instructor liability.

Chapter 2. Imputable Negligence, 51-2-1 through 51-2-7.

• 51-2-1. Basis for imputation of negligence; fault of parents or custodians not imputable to child.
• 51-2-2. Liability for torts of spouse, child, or servant in certain instances.
• 51-2-3. Liability for malicious acts of minor child.
• 51-2-4. Liability for torts of independent employee.
• 51-2-5. Liability for negligence of contractor.
• 51-2-5.1. Relationship between hospital and health care provider prerequisite to liability; notice regarding independent contractor status; factors for consideration in determining status.
• 51-2-6. Liability of owner or keeper of dog for damage done to livestock while off his or her premises.
• 51-2-7. Liability of owner or keeper of vicious or dangerous animal for injuries caused by animal.

Chapter 3. Liability of Owners and Occupiers of Land, 51-3-1 through 51-3-44.

Article 1 General Provisions.

• 51-3-1. Duty of owner or occupier of land to invitee.
• 51-3-2. Duty of owner of premises to licensee.
• 51-3-3. Lawful possessor of land owes no duty of care to trespasser.

Article 2 Owners of Property Used for

Recreational Purposes. Article 3

• 51-3-20. Purpose of article.
• 51-3-21. Definitions.
• 51-3-22. Duty of owner of land to those using same for recreation generally.
• 51-3-23. Effect of invitation or permission to use land for recreation.
• 51-3-24. Applicability of Code Sections 51-3-22 and 51-3-23 to owner of land leased to state or subdivision for recreation.
• 51-3-25. Certain liability not limited.
• 51-3-26. Construction of article.

Owners of Property Used for Other Purposes. Article 4

• 51-3-30. Liability of landowner or hunter for injury caused by wildlife crossing public roadway.
• 51-3-31. Agritourism defined; immunity for civil liability; warnings.

Liability of Space Flight Entities. Law reviews. -For annual survey article discussing local government law, see 51 Mercer L. Rev. 397 (1999).

• 51-3-41. Definitions.
• 51-3-42. Civil or criminal liability for injuries during space flight.
• 51-3-43. Required warning and agreement for space flight; requirements for enforceability.
• 51-3-44. Governing law.

"Warning Under Georgia law, there is no liability for an injury or death of a participant at least 18 years of age in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity."

"Warning Under Georgia law, there is no liability for an injury or death of a hunting or fishing participant at least 18 years of age conducted at this location if such injury or death results from the inherent risks of such hunting or fishing activity. Inherent risks of hunting or fishing activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this hunting or fishing activity."

"WARNING AND AGREEMENT UNDER GEORGIA LAW THERE IS NO LIABILITY FOR INJURY, DEATH, OR OTHER LOSS RESULTING FROM ANY INHERENT RISKS OF SPACE FLIGHT ACTIVITIES. SUCH INHERENT RISKS OF SPACE FLIGHT ACTIVITIES INCLUDE, WITHOUT LIMITATION, THE POTENTIAL FOR SERIOUS BODILY INJURY, SICKNESS, PERMANENT DISABILITY, PARALYSIS, AND LOSS OF LIFE; EXPOSURE TO EXTREME CONDITIONS AND CIRCUMSTANCES; ACCIDENTS, CONTACT, OR COLLISION WITH OTHER SPACE FLIGHT PARTICIPANTS, SPACE FLIGHT VEHICLES, AND EQUIPMENT; AND DANGERS ARISING FROM ADVERSE WEATHER CONDITIONS AND EQUIPMENT FAILURE.

Chapter 4. Wrongful Death, 51-4-1 through 51-4-6.

• 51-4-1. Definitions.
• 51-4-2. Persons entitled to bring action for wrongful death of spouse or parent; survival of action; release of wrongdoer; disposition of recovery; exemption from liability for decedent's debts; recovery not barred when child born out of wedlock.
• 51-4-3. Persons entitled to bring action for wrongful death of wife or mother; survival of action; service on and intervention of parties not joining; effect of final judgment [Repealed].
• 51-4-4. Wrongful death of child.
• 51-4-5. Recovery by personal representative for wrongful death and for certain expenses.
• 51-4-6. Notification of licensing boards of judgments against health care provider.

Chapter 5. Libel and Slander, 51-5-1 through 51-5-12.

• 51-5-1. Libel defined; publication prerequisite to recovery.
• 51-5-2. Newspaper libel defined; publication prerequisite to recovery.
• 51-5-3. What constitutes publication of libel.
• 51-5-4. Slander defined; when special damage required; when damage inferred.
• 51-5-5. Inference of malice; rebuttal thereof; effect of rebuttal.
• 51-5-6. Truth as justification.
• 51-5-7. Privileged communications.
• 51-5-8. Absolute privilege of allegations in pleadings.
• 51-5-9. Right of action for malicious use of privilege.
• 51-5-10. Liability for defamatory statements in visual or sound broadcast; damages.
• 51-5-11. Admissibility of evidence in libel action concerning correction and retraction; effect thereof on damages.
• 51-5-12. Admissibility of evidence in defamation action concerning correction and retraction; effect on damages.

Chapter 6. Fraud and Deceit, 51-6-1 through 51-6-4.

• 51-6-1. Right of action for fraud accompanied by damage.
• 51-6-2. When misrepresentation of material fact actionable as deceit; effect of mere concealment; knowledge of falsehood essential to deceit; when knowledge implied.
• 51-6-3. Letters to obtain credit.
• 51-6-4. Fraud by acts or silence; estoppel to assert title.

Chapter 7. False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation, 51-7-1 through 51-7-85.

Article 1 False Arrest.

• 51-7-1. Right of action for false arrest.
• 51-7-2. Malice defined.
• 51-7-3. Lack of probable cause defined; question for jury.
• 51-7-4. Arrest under civil process of person exempt from such arrest.

Article 2 False Imprisonment.

• 51-7-20. False imprisonment defined.
• 51-7-21. Effect of good faith on liability for imprisonment under warrant.
• 51-7-22. False imprisonment by several persons.

Article 3 Malicious Prosecution.

• 51-7-40. Right of action for malicious prosecution.
• 51-7-41. Accrual of right of action.
• 51-7-42. Inquiry before committing court or magistrate as prosecution.
• 51-7-43. Lack of probable cause defined; question for jury.
• 51-7-44. Inference of malice from lack of probable cause; rebuttal of inference.
• 51-7-45. Evidence in determination of probable cause.
• 51-7-46. Immunity of grand jurors from action for malicious prosecution; liability of person instigating presentment.
• 51-7-47. Measure of damages.

Article 4 Detention or Arrest on Suspicion

of Shoplifting or Film Piracy.

• 51-7-60. Preclusion of recovery for detention or arrest of person suspected of shoplifting under certain circumstances.
• 51-7-61. Activation of antishoplifting device as constituting probable cause for detention; notice of such device to be posted.
• 51-7-62. Actions for false arrest and false imprisonment for individuals suspected of film piracy.

Article 5 Abusive Litigation.

• 51-7-80. Definitions.
• 51-7-81. Liability for abusive litigation.
• 51-7-82. Defenses.
• 51-7-83. Measure of damages.
• 51-7-84. Notice of claim asserted; when action must be brought.
• 51-7-85. Exclusive remedy.

Chapter 9. Injuries to Real Estate, 51-9-1 through 51-9-11.

• 51-9-1. Cause of action for interference with enjoyment of property.
• 51-9-2. Recovery of possession of lands; damages.
• 51-9-3. Recovery for wrongful interference with possession of land.
• 51-9-4. Action for trespass by person having title.
• 51-9-5. Effect of holding title when possession claimed by two persons.
• 51-9-6. Damages for continuing trespass.
• 51-9-7. Diversion, obstruction, or pollution of stream as trespass.
• 51-9-8. Interference with underground streams.
• 51-9-9. Interference with rights of owner above and below surface of property.
• 51-9-10. Interference with right of way or right of common.
• 51-9-11. Slander or libel concerning title to land.

Chapter 10. Injuries to Personalty, 51-10-1 through 51-10-6.

• 51-10-1. Right of action for deprivation of possession of personalty.
• 51-10-2. Who may bring an action for interference with possession of chattel.
• 51-10-3. Abuse of or damage to personalty as trespass.
• 51-10-4. Rights of action of bailee and bailor for trespass.
• 51-10-5. Right of action for injury to remainder or reversionary interest in personalty; joint action with tenant in possession.
• 51-10-6. Owner's right of action for damage to or theft involving personal property.

Chapter 11. Defenses to Tort Actions, 51-11-1 through 51-11-21.

Article 1 General Provisions.

• 51-11-1. Authorization to act as justification; effect of plea.
• 51-11-2. Effect of consent.
• 51-11-3. Extenuation and mitigation of damages.
• 51-11-4. Arbitrament and award.
• 51-11-5. Former recovery and pendency of another action.
• 51-11-6. Infancy.
• 51-11-7. Effect of plaintiff's failure to avoid consequences of defendant's negligence.
• 51-11-8. Liability of person employed by compressed gas dealer who provides assistance upon request of law enforcement agency.
• 51-11-9. Immunity from civil liability for threat or use of force in defense of habitation.
• 51-11-10. Property owner selling timber not liable for trespass or conversion of property caused by third party; establishment of property boundaries.

Article 2 Satisfaction.

• 51-11-20. Satisfaction and settlement of tort authorized; what agreements allowed where tort constitutes crime.
• 51-11-21. Tender of damages in tort action; effect of continuing tender.

Chapter 12. Damages, 51-12-1 through 51-12-77.

Article 1 General Provisions.

• 51-12-1. Types of damages; evidence admissible in actions involving special damages.
• 51-12-2. General and special damages distinguished; when recovered.
• 51-12-3. Direct and consequential damages distinguished.
• 51-12-4. Damages given as compensation for injury; measure of damages generally; nominal damages.
• 51-12-5. Additional damages for aggravating circumstances.
• 51-12-5.1. Punitive damages.
• 51-12-6. Damages for injury to peace, happiness, or feelings.
• 51-12-7. Recovery of necessary expenses.
• 51-12-8. When damage too remote for recovery generally.
• 51-12-9. How remoteness ascertained.
• 51-12-10. Exception to rule against recovery of remote damages.
• 51-12-11. Mitigation of damages required; exception.
• 51-12-12. Court interference with jury verdict as to damages.
• 51-12-13. Reduction of expenses, wages, and other damages to present value.
• 51-12-14. Unliquidated Damages Interest Act; procedure for demand of unliquidated damages in tort actions; when interest may be recovered.

Article 2 Joint Tort-feasors.

• 51-12-30. Procurer of wrong as joint wrongdoer; how action brought against joint wrongdoer.
• 51-12-31. Recovery against joint trespassers.
• 51-12-32. Right of contribution among joint trespassers; effect of settlement.
• 51-12-33. Reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties.

Article 3 Damages for Conversion of Timber.

• 51-12-50. Measure of damages for converted timber; presumption.
• 51-12-51. Recovery by person holding security interest in land for conversion of timber; use of converted timber by owner.

Article 4 Damages in Tort Actions.

• 51-12-70. Definitions.
• 51-12-71. Prerequisites for transfer of structured settlement payment rights.
• 51-12-72. Written transfer agreement required.
• 51-12-73. (For effective date, see note.) Powers and duties of the Attorney General.
• 51-12-74. (For effective date, see note.) Actions and proceedings of Attorney General.
• 51-12-75. (For effective date, see note.) Issuance of administrative order; administrative review; final order; penalty.
• 51-12-76. Provisions unwaivable; no penalty or forfeiture.
• 51-12-77. Construction in accordance with other laws.

"NOTICE OF CANCELLATION RIGHTS: Please read this form completely and carefully. It contains valuable cancellation rights.

Address to which cancellation is to be returned. __________________________________________________

I (we) hereby cancel this transaction. __________________________________________________

Payee's Signature ______________________________

Date Code 1981, § 51-12-72, enacted by Ga. L. 1999, p. 853, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 4, § 51; Ga. L. 2003, p. 140, § 51; Ga. L. 2003, p. 820, § 8; Ga. L. 2015, p. 1088, § 46/SB 148.)

Chapter 13. Recovery in Medical Malpractice Actions, 51-13-1.

• 51-13-1. Definitions; maximum liability; allowance for periodic payments.

Chapter 14. Asbestos and Silica Claims, 51-14-1 through 51-14-13.

• 51-14-1. Legislative findings and purpose.
• 51-14-2. Applicability.
• 51-14-3. Definitions.
• 51-14-4. Prima-facie evidence of physical impairment a prerequisite of asbestos or silica claims.
• 51-14-5. When limitations period begins to run.
• 51-14-6. Dismissal for failure to establish prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim; procedure; evidentiary requirements.
• 51-14-7. Sworn information form providing required information; failure to state a claim; class actions barred.
• 51-14-8. Limitations on discovery; satisfaction of medical criteria necessary to establish prima-facie evidence of medical impairment; admissibility of expert reports.
• 51-14-9. Who may bring a claim; claims in multiple jurisdictions.
• 51-14-10. Venue.
• 51-14-11. Consolidation of claims.
• 51-14-12. Application of chapter dependent upon date claim accrues.
• 51-14-13. Severability.

Chapter 15. Asbestos Claims, 51-15-1 through 51-15-8.

• 51-15-1. Legislative findings; limitations on liabilities.
• 51-15-2. Definitions.
• 51-15-3. Domestic or foreign corporation as successor; exemption from limitations.
• 51-15-4. Determination of liability and limitation on liability.
• 51-15-5. Fair market value determinations; gross assets determination.
• 51-15-6. Market value; prime rate; adjustment.
• 51-15-7. Liberal interpretation to accomplish remedial purposes.
• 51-15-8. Severability.