Title 51 — Title 51

0 chapters · 147 sections in this title.

39 sectionsFiltered byTitle 51 Ch 1

O.C.G.A. § 51-1-1 Tort defined
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A tort is the unlawful violation of a private legal right other than a mere breach of contract, express or implied. A tort may also be the violation of a public duty if, as a result of the violation, some special damage accrues to the individual. (Orig. Code 1863, § 2894; Code 18…
O.C.G.A. § 51-1-11 Morgan v
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Sears, Roebuck & Co., 693 F. Supp. 1154 (N.D. Ga. 1988); Morgan v. Sears, Roebuck & Co., 700 F. Supp. 1574 (N.D. Ga. 1988). Soft drink franchisor, who manufactured and sold syrup to licensed bottling companies who then mixed it with other ingredients, was not liable as a ‘‘manufa…
O.C.G.A. § 51-1-11.1 Liability of product seller as a manufacturer
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(a) As used in this Code section, the term ‘‘product seller’’ means a person who, in the course of a business conducted for the purpose leases or sells and distributes; installs; prepares; blends; packages; labels; markets; or assembles pursuant to a manufacturer’s plan, intentio…
O.C.G.A. § 51-1-12 Liability for ratifying tort
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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. 51-1-1…
O.C.G.A. § 51-1-14 Violent injury or attempt to commit injury
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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, 129 51-1-14 § 2969; Civil Code 1895, § 3827; Civil Code 1910, § 4423; Code 1933…
O.C.G.A. § 51-1-15 Right of action for abduction or harboring of wife
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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, §…
O.C.G.A. § 51-1-16 Franklin v
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Hill, 203 Ga. App. 724, 417 S.E.2d 721, cert. denied, 203 Ga. App. 906, 417 S.E.2d 721 (1992). It is not important whether the word ‘‘debauching’’ or ‘‘seduction’’ is used in the pleadings. Mosley v. Lynn, 172 Ga. 193, 157 S.E. 450 (1931). Cited in Edwards v. Monroe, 54 Ga. App. …
O.C.G.A. § 51-1-17 Law reviews
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— For article, ‘‘Misdemeanor Sentencing in Georgia,’’ see 7 Ga. St. B. J. 8 (2001). 1256 16-6-20
O.C.G.A. § 51-1-18 Eldridge v
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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…
O.C.G.A. § 51-1-2 Rosenfeld v
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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…
O.C.G.A. § 51-1-20.1 Editor’s notes
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— Ga. L. 2017, p. 27, § 20/HB 208, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that 66 27-2-5 LICENSES, PERMITS, AND STAMPS GENERALLY 27-2-6 Act shall be applicable to all offenses occurring on or after July 1, 2017.
O.C.G.A. § 51-1-20.2 Liability of child passenger safety technicians
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(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…
O.C.G.A. § 51-1-21 Liability of owner of watercraft for torts generally
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(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…
O.C.G.A. § 51-1-22 Code Commission notes
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— Pursuant to Code Section 28-9-5, in 1998, ‘‘water 145 52-7-18 WATERS OF STATE, PORTS & WATERCRAFT 52-7-19 skiing’’ was substituted for ‘‘waterskiing’’ in the second sentence of subsection (f ).
O.C.G.A. § 51-1-23 Sale of unwholesome provisions
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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…
O.C.G.A. § 51-1-24 Sale of adulterated drugs or alcoholic beverages
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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…
O.C.G.A. § 51-1-27 Recovery for medical malpractice authorized
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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…
O.C.G.A. § 51-1-29 Liability of persons rendering emergency care
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(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…
O.C.G.A. § 51-1-29.1 Liability of voluntary health care provider and sponsoring organization
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(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…
O.C.G.A. § 51-1-29.3 Law reviews
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— For note on the 2001 enactment of this Code section, see 18 Ga. St. U. L. Rev. 146 (2001). 31-11-54. Services which may be rendered by paramedics and paramedic trainees. (a) Upon certification by the department, paramedics may perform any service that a cardiac technician is pe…
O.C.G.A. § 51-1-3 Extraordinary diligence and slight negligence defined
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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…
O.C.G.A. § 51-1-30 Editor’s notes
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— For application of this statute in 2020, see Executive Orders 04.14.20.01, 04.20.20.01, and 05.12.20.02.
O.C.G.A. § 51-1-31 Law reviews
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For article, “Consolidation by Compact: A Remedy for Preemption of State Food and Drug Laws,” see 14 J. Pub. L. 276 (1965).
O.C.G.A. § 51-1-36 Duty of care of operator of motor vehicle to passengers
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51-1-37. Negligent or improper admin- 51-1-38. 51-1-39. 51-1-40. 51-1-41. 51-1-42. 51-1-43. 51-1-44. 51-1-45. 51-1-46. 51-1-47. 51-1-48. 51-1-49. 51-1-50. 51-1-51. 51-1-52. 51-1-53. 51-1-54. 51-1-55. 5 istration of polygraph examination; measure of damages. Tort immunity for medi…
O.C.G.A. § 51-1-38 Tort immunity for medical students; exceptions
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(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…
O.C.G.A. § 51-1-4 Slight diligence and gross negligence defined
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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…
O.C.G.A. § 51-1-40 Liability for acts of intoxicated persons
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(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 …
O.C.G.A. § 51-1-41 Liability of sports officials at amateur athletic contests
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(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…
O.C.G.A. § 51-1-42 Limitation of liability for transportation of senior citizens by volunteer
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(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…
O.C.G.A. § 51-1-43 Law reviews
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— For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004).
O.C.G.A. § 51-1-44 Limitation of liability for dental students
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(a) No dental student who participates in the provision of dental care or dental treatment under the supervision of a medical facility, academic institution, or dentist, as a part of an academic curriculum leading to the award of a dental degree, shall be liable for any civil dam…
O.C.G.A. § 51-1-47 Immunity for disconnection of motor vehicle air bags
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The manufacturers, distributors, dealers, and sellers of a motor vehicle and those who, on authorization and direction of the owner or lessee, lawfully install in a prudent and workmanlike manner a switch to turn off the air bag shall be immune from civil liability for any injuri…
O.C.G.A. § 51-1-51 Limitations on liability of liquefied petroleum gas providers
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(a) As used in this Code section, the term: (1) ‘‘Liquefied petroleum gas equipment’’ means a liquefied petroleum gas appliance or liquefied petroleum gas equipment. (2) ‘‘Liquefied petroleum gas provider’’ means any person or entity engaged in the business of supplying, handling…
O.C.G.A. § 51-1-53 Recreational joint-use agreements
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(a) As used in this Code section, the term: (1) ‘‘Facilities’’ means a school’s buildings, fixtures, and equipment, including, but not limited to, classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, …
O.C.G.A. § 51-1-54 Program and Treatment Completion Certificate
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(a) As used in this Code section, the term ‘‘Program and Treatment Completion Certificate’’ means the certificate issued pursuant to Code Section 42-2-5.2 or Code Section 42-3-2. (b) Issuance of a Program and Treatment Completion Certificate by the Board of Corrections or the Boa…
O.C.G.A. § 51-1-55 Firearm instructor liability
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(a) As used in this Code section, the term: (1) ‘‘Dangerous weapon’’ shall have the same meaning as provided for under Code Section 16-11-121. (2) ‘‘Firearm’’ means any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of …
O.C.G.A. § 51-1-6 Recovery of damages upon breach of legal duty
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When the law requires a person to perform an act for the benefit of another or to refrain from doing an act which may injure another, although no cause of action is given in express terms, the injured party may recover for the breach of such legal duty if he suffers damage thereb…
O.C.G.A. § 51-1-8 Parris v
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State Farm Mut. Auto. Ins. Co., 229 Ga. App. 522, 494 S.E.2d 244 (1997). Failure to prove any out-of-pocket economic damages. — In a dispute between a franchisor of daycare businesses and its franchisee, the trial court erred by denying the franchisor’s motion for directed verdic…
O.C.G.A. § 51-1-9 Recovery for torts to self, wife, child, ward, or servant
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Every person may recover for torts committed to himself, his wife, his child, his ward, or his servant. (Orig. Code 1863, § 2903; Code 1868, § 2909; Code 1873, § 2960; Code 1882, § 2960; Civil Code 1895, § 3816; Civil Code 1910, § 4412; Code 1933, § 105-107.)