Title 51

By ratification of a tort committed for his own benefit, the ratifier becomes as liable as if he had commanded that it be committed. A person ratifying a tort does not become liable, however, if the act was done for the benefit of a third person. (Orig. Code 1863, § 2906; Code 18…

A physical injury done to another shall give a right of action to the injured party, whatever may be the intention of the person causing the injury, unless he is justified under some rule of law. However, intention shall be considered in the assessment of damages. (Orig. Code 186…

Any violent injury or illegal attempt to commit a physical injury upon a person is a tort for which damages may be recovered. (Orig. Code 1863, § 2911; Code 1868, § 2918; Code 1873, § 2969; Code 1882, § 2969; Civil Code 1895, § 3827; Civil Code 1910, § 4423; Code 1933, § 105-602.…

A husband shall have a right of action against another for abducting or harboring his wife. Furnishing shelter and food to a wife driven from her home by cruel treatment is an act of humanity and shall give no right of action to the husband. (Orig. Code 1863, § 2949; Code 1868, §…

The seduction of a daughter, unmarried and living with her parent, whether followed by pregnancy or not, shall give a right of action to the father or to the mother if the father is dead, or absent permanently, or refuses to bring an action. No loss of services need be alleged or…

Adultery, alienation of affections, or criminal conversation with a wife or husband shall not give a right of action to the person’s spouse. Rights of action for adultery, alienation of affections, or criminal conversation are abolished. (Orig. Code 1863, § 2950; Code 1868, § 295…

Aronson, 221 Ga. App. 662, 472 S.E.2d 497 (1996). ‘‘Custodial parent’’ construed. — Parent with custody of a minor pursuant to a court order is the ‘‘custodial parent.’’ Leach v. Braswell, 804 F. Supp. 1551 (S.D. Ga. 1992), aff ’d, 8 F.3d 37 (11th Cir. 1993). Summary judgment for…

When trust or confidence is reposed in a person in consideration of the payment or promise of a reward to him, negligence in the person trusted which results in injury to the other person shall give the injured party a right of action. (Orig. Code 1863, § 2948; Code 1868, § 2955;…

Rosenfeld, 286 Ga. App. 61, 648 S.E.2d 399 (2007), cert. denied, 2007 Ga. LEXIS 613 (Ga. 2007). Gross negligence may encompass ordinary negligence. — When the plaintiff sets forth facts and alleges acts of omission and commission on the part of the defendant which amount to gross…

(a) A person serving with or without compensation as a member, director, or trustee, or as an officer of the board without compensation, of any nonprofit hospital or association or of any nonprofit, charitable, or eleemosynary institution or organization or of any local governmen…

(a) As used in this Code section, the term: (1) ‘‘Compensation’’ does not mean or include any gift, any reimbursement for any reasonable expense incurred for the benefit of a nonprofit athletic program, or, in the case of an umpire or referee, a modest honorarium. (2) ‘‘Nonprofit…

(a) As used in this Code section, the term: (1) ‘‘Child passenger safety technician’’ means a person who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Depart…

(a) As used in this Code section, the term: (1) ‘‘Owner’’ means a person other than a secured party who has title to personal property or who has the use and possession of personal property subject to a security interest. (2) ‘‘Watercraft’’ means any boat, vessel, or craft, other…

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the statutes of this state or of neglecting to observe such ordinary care in such operation as the rules of common…

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 results to the purchaser or to his family, shall be liable in damages for such injury. (Orig. Code 1863, § 294…

Any person who knowingly or negligently, by himself or his agent, sells adulterated drugs or alcoholic beverages to another person, by the use of which damage accrues to the purchaser, his patients, his family, or his property, shall be liable in damages for the injury done. (Ori…

If 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 …

If death ensues as a result of any injury or damage in any case arising under Code Section 51-1-23, 51-1-24, or 51-1-25, the right of action for such death shall survive as provided in Chapter 4 of this title. (Orig. Code 1863, § 2947; Code 1868, § 2954; Code 1873, § 3005; Code 1…

A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had. (…

(a) The injection, transfusion, or other transfer of human whole blood, blood plasma, blood products, or blood derivatives and the transplanting or other transfer of any tissue, bones, or organs into or onto the human body shall not be considered a sale of any commodity, goods, p…

(a) Any person, including any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the vi…

(a) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct: (1) No health care provider licensed under Chapter 9, 11, 26, 30, 33, or 34 o…

Any natural person and any association, fraternal organization, private for profit entity, not for profit entity, religious organization, or charitable organization and the officers, directors, employees, and agents of such associations, organizations, and entities, when such per…

(a) The persons described in this Code section shall be immune from civil liability for any act or omission to act related to the provision of emergency care or treatment by the use of or provision of an automated external defibrillator, as described in Code Sections 31-11-53.1 a…

(a) As used in this Code section, the term: (1) ‘‘Free health clinic’’ means a nonprofit, charitable, or eleemosynary institution or organization which voluntarily and without expectation or receipt of payment or other compensation or financial benefit provides health care servic…

(a) As used in this Code section, the term: (1) ‘‘Affiliate’’ means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a specified person, including any direct or indirect parent or subsidiary. (2) …

(a) As used in this Code section, the term: (1) ‘‘Caregiver’’ shall have the same meaning as set forth in Code Section 31-2A-18. (2) ‘‘Health care institution’’ shall have the same meaning as set forth in Code Section 51-1-29.5. (3) ‘‘Health care provider’’ means any person licen…

In general, extraordinary diligence is that extreme care and caution which very prudent and thoughtful persons exercise under the same or similar circumstances. As applied to the preservation of property, the term ‘‘extraordinary diligence’’ means that extreme care and caution wh…

(a) As used in this Code section, the term ‘‘fire department’’ includes volunteer fire departments established pursuant to local act, ordinance, or resolution or established as nonprofit corporations pursuant to private subscription and any fire department established as a depart…

(a) As used in this Code section, the term ‘‘fire apparatus’’ means salvage and first-aid cars, chiefs’ cars, hose wagons, pumpers, aerial trucks, water towers, service trucks, supply trucks, or other publicly owned and operated automotive equipment used in fire fighting. (b) A d…

Teachers and other school personnel shall be immune from any civil liability for communicating information in good faith concerning drug abuse by any child to that child’s parents, to law enforcement officials, or to health care providers. (Code 1981, § 51-1-30.1, enacted by Ga. …

(a) Unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct: (1) No natural person who voluntarily and without the expectation or receipt of compensation provides services for and at the request and sanction of a public scho…

Notwithstanding any other provision of law, an authorized security officer as provided for in Code Section 16-11-124 acting within the scope of his or her official duties on the premises of a federally licensed nuclear power facility or the properties adjacent to the facility pur…

(a) As used in this Code section, the term: (1) ‘‘Canned food’’ means any food which has been commercially processed and prepared for human consumption and which has been commercially packaged in such a manner as to remain nonperishable without refrigeration for a reasonable leng…

In cases arising from the wrongful or negligent operation of a motor vehicle in which the single wrongful or negligent act causes or results in both physical injuries to a person and injuries to the property of such person, the injured person shall have a separate and distinct ca…

If the two causes of action specified in Code Section 51-1-32 are tried separately, the fact that a settlement has been made or that a judgment has been rendered in the action for property damage shall not be admissible in evidence in the action for physical injuries to the perso…

The settlement of a claim or cause of action arising from a motor vehicle collision for property damage shall not bar or otherwise affect the prosecution of the claim or cause of action for physical injury to the person. The settlement of a claim or cause of action arising from a…

(a) No person whose interest is or may become adverse to an injured person who is confined to a hospital or health care center as a patient shall, within 15 days from the date of the occurrence causing the person’s injury: (1) Negotiate or attempt to negotiate a settlement with t…

The operator of a motor vehicle owes to passengers therein the same duty of ordinary care owed to others. (Code 1933, § 105-104.1, enacted by Ga. L. 1982, p. 1283, § 1; Code 1981, § 51-1-36, enacted by Ga. L. 1982, p. 1283, § 2.)

(a) Any person who is given a polygraph examination and who suffers damages as a result of such polygraph examination having been administered in a negligent manner shall have a cause of action against the polygraph examiner. (b) The measure of damages shall be the actual damages…

(a) No student who participates in the provision of medical care or medical treatment under the supervision of a medical facility, academic institution, or doctor of medicine, as a part of an academic curriculum leading to the award of a medical degree, shall be liable for any ci…

A person who engages in a criminal act on property owned or leased by a political subdivision of this state and who suffers an injury as a result of said criminal act which is not inflicted by an officer, employee, or agent of such political subdivision shall not have a cause of …

In general, slight diligence is that degree of care which every man of common sense, however inattentive he may be, exercises under the same or similar circumstances. As applied to the preservation of property, the term ‘‘slight diligence’’ means that care which every man of comm…

(a) The General Assembly finds and declares that the consumption of alcoholic beverages, rather than the sale or furnishing or serving of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or …

(a) Sports officials who officiate amateur athletic contests at any level of competition in this state shall not be liable to any person or entity in any civil action for injuries or damages claimed to have arisen by virtue of actions or inactions related in any manner to officia…

(a) As used in this Code section, the term: (1) ‘‘Charitable organization’’ means any charitable unit of a religious or civic group, including those supported wholly or partially by private donations. (2) ‘‘Human service agency’’ means any human service unit, clinic, senior citiz…