Title 51 — Title 51

Where the possession of personalty is in a bailee, a trespass committed during the existence of the bailment shall give a right of action to the bailee for the interference with his special property and a concurrent right of action to the bailor for the interference with his gene…

If the defendant in a tort action was authorized to do the act complained of, he may plead such authorization as justification. The effect of such plea is to admit that the act was done and to entitle the defendant to all the privileges of one holding the affirmative of the 774 5…

As a general rule no tort can be committed against a person consenting thereto if that consent is free, is not obtained by fraud, and is the action of a sound mind. The consent of a person incapable of consenting, such as a minor, may not affect the rights of any other person hav…

of employment by railroad employees, § 34-7-43.

Circumstances not amounting to justification may be pleaded in extenuation and mitigation of damages. (Orig. Code 1863, § 2984; Code 1868, § 2997; Code 1873, § 3052; Code 1882, § 3052; Civil Code 1895, § 3892; Civil Code 1910, § 4489; Code 1933, § 105-1802.)

Arbitrament and award constitute a good defense to a tort action, and the rules applied to this defense in a contract action apply equally to tort actions. (Orig. Code 1863, § 2994; Code 1868, § 3007; Code 1873, § 3062; Code 1882, § 3062; Civil Code 1895, § 3902; Civil Code 1910,…

Former recovery and the pendency of another action are good defenses in tort actions and are subject to the same rules as when applied to contracts. (Orig. Code 1863, § 2995; Code 1868, § 3008; Code 1873, § 3063; Code 1882, § 3063; Civil Code 1895, § 3903; Civil Code 1910, § 4500…

Infancy is no defense to a tort action so long as the defendant has reached the age of discretion and accountability prescribed by Code Section 16-3-1 for criminal offenses. (Orig. Code 1863, § 2996; Code 1868, § 3009; Code 1873, § 3064; Code 1882, § 3064; Civil Code 1895, § 3904…

v. Blackwell, 211 Ga. 665, 88 S.E.2d 6 (1955). But see Garrett v. NationsBank, 228 Ga. App. 114, 491 S.E.2d 158 (1997). Plaintiff ’s negligence a bar to recovery under common law. — Under the 735 Page: 736 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:…

Effect of consent. Extenuation and mitigation of damages. Arbitrament and award. Former recovery and pendency of another action. Infancy. Effect of plaintiff ’s failure to avoid consequences of defendant’s negligence. Liability of person employed by compressed gas dealer who prov…

Roberts, 204 Ga. App. 380, 419 S.E.2d 103, cert. denied, 204 Ga. App. 922, 419 S.E.2d 103 (1992). Subsection (b) not applied retroactively. — Subsection (b) of O.C.G.A. § 51-12-1 works a substantive change in the law governing collateral benefits. 840 There is no express or clear…

When a tort is committed, a contract is broken, or a duty is omitted with knowledge and for the purpose of depriving the plaintiff of certain contemplated benefits, the remote damages occasioned thereby become a proper subject for the consideration of the jury. (Orig. Code 1863, …

When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts. (Civil Code 1895, § 3802; Civil Code 19…

Haldi, 210 Ga. App. 817, 437 S.E.2d 819 (1993). Trial court did not err in the court’s calculation of damages because the trial court, acting as finder of fact, issued an award well within the range of evidence and testimony presented at trial; that the amount the trial court awa…

(a) General damages are those which the law presumes to flow from any tortious act; they may be recovered without proof of any amount. (b) Special damages are those which actually flow from a tortious act; they must be proved in order to be recovered. (Orig. Code 1863, § 3002; Co…

(a) Direct damages are those which follow immediately upon the doing of a tortious act. (b) Consequential damages are those which are the necessary and connected effect of a tortious act, even though they are to some extent dependent upon other circumstances. (Orig. Code 1863, § …

Hadavi, 298 Ga. App. 693, 680 S.E.2d 866 (2009), overruled on other grounds, Jordan v. Moses, 291 Ga. 39, 727 S.E.2d 460 (2012). Mere fact that conspiracy has been alleged does not require submission of question to jury. McCulley v. Dunson, 149 Ga. App. 551, 254 S.E.2d 877 (1979)…

Except as provided in Code Section 51-12-33, where an action is brought jointly against several persons, the plaintiff may recover 984 51-12-31 damages for an injury caused by any of the defendants against only the defendant or defendants liable for the injury. In its verdict, th…

— For note, ‘‘Contribution Among Joint Tortfeasors,’’ see 12 Ga. L. Rev. 553 (1978).

Allied Van Lines, 1005 Inc., 316 Ga. App. 548, 730 S.E.2d 35 (2012). To the extent that the driver could prove that the truck driver’s employer breached a legal duty in tort that it owed the truck driver, the breach of which is a proximate cause of the injury that the truck drive…

(a) In a tort action in which there are aggravating circumstances, in either the act or the intention, the jury may give additional damages to deter the wrongdoer from repeating the trespass or as compensation for the wounded feelings of the plaintiff. (b) This Code section shall…

v. Warren, 286 Ga. App. 835, 650 S.E.2d 307 (2007), cert. denied, 2008 Ga. LEXIS 82 (Ga. 2008). 906 51-12-5.1 DAMAGES Uninsured motorist insurer not liable for punitive damages. — In an action against a tortfeasor’s estate defended by the tortfeasor’s uninsured motorist insurer, …

(a) Except as provided in Code Section 51-12-51, when a plaintiff recovers for timber cut or cut and carried away, the measure of damages shall be: (1) Treble the fair market value of the trees cut as they stood; (2) Treble the diminished fair market value of any trees incidental…

v. Bowen, 172 Ga. App. 880, 324 S.E.2d 752 (1984). Error to charge on mental damages in case involving illegal seizure of car. — In an action for damages on account of illegal seizure of an automobile under a claim of right, it was error for the court to give in charge to the jur…

In all cases, necessary expenses consequent upon an injury are a legitimate item in the estimate of damages. (Orig. Code 1863, § 3000; Code 1868, § 3013; Code 1873, § 3068; Code 1882, § 3068; Civil Code 1895, § 3908; Civil Code 1910, § 4505; Code 1933, § 105-2004.)

As used in this article, the term: (1) ‘‘Attorney General’’ means the Attorney General or his or her designee. (2) ‘‘Annuity issuer’’ means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement. (3) ‘‘Applicable law’’ means:…

(a) Any transfer agreement of structured settlement payment rights must, in addition to the other requirements of this article, be executed in writing and filed as provided in Code Section 51-12-71. The transfer agreement shall not be so executed until after the expiration of the…

(a) The provisions of this article may not be waived. (b) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on: …

Nothing contained in this article shall be construed to authorize any transfer of structured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law. (Code 1981, § …

If the damage incurred by the plaintiff is only the imaginary or possible result of a tortious act or if other and contingent circumstances preponderate in causing the injury, such damage is too remote to be the basis of recovery against the wrongdoer. (Orig. Code 1863, § 3004; C…

Damages which are the legal and natural result of the act done, though contingent to some extent, are not too remote to be recovered. However, damages traceable to the act, but which are not its legal and natural consequence, are too remote and contingent to be recovered. (Orig. …

(a) The General Assembly finds that: (1) Asbestos is a mineral that was widely used prior to the 1980s for insulation, fire-proofing, and other purposes; (2) Many American workers and others were exposed to asbestos, especially during and after World War II, at shipyards and othe…

Notwithstanding any other provision of law, an asbestos claim or silica claim that meets the requirements of this chapter permitting a 1052 51-14-13 claim to be filed in this state may only be filed in the county where the plaintiff resides or a county in which the exposure to as…

A trial court may consolidate for trial any number and type of asbestos claims or silica claims with the consent of all the parties. In the absence of such consent, the trial court may consolidate for trial only asbestos claims or silica claims relating to the same exposed person…

In the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other parts, portions, sections, subsections, paragraphs, s…

This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim. (Code 1981, § 51-14-2, enacted by Ga. L. 2007, p. 4, § 1/SB 182.)

As used in this chapter, the term: (1) ‘‘Asbestos’’ means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered, including but not limited to all minerals defined a…

Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of May 1, 2007, the limitations period shall not begin to run until the exposed person, or any plaintiff making an asbestos claim or silica claim based on the exposed pers…

(a) Notwithstanding Code Section 1-2-6 or 1-2-10, a civil action alleging an asbestos claim or silica claim may only be brought or maintained in the courts of Georgia if the plaintiff, whether a citizen of Georgia or a citizen of some other state, is a resident of Georgia at the …

The General Assembly finds that the number of asbestos related claims has increased significantly in recent years and threatens the continued viability of a number of uniquely situated companies that have not ever manufactured, sold, or distributed asbestos or asbestos products a…

As used in this chapter, the term: (1)(A) ‘‘Asbestos claim’’ means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to as…

(a) The limitations contained in Code Section 51-15-4 apply to a domestic or foreign corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation’s successor corporation. (b) The limitations contained in Code Section 51-15…

(a) Except as further limited in subsection (b) of this Code section, the cumulative successor asbestos related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. …

(a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Code Section 51-15-4 through any method reasonable under the circumstances, including: (1) By reference to the going concern value of the assets or to the purchase…

(a) Except as provided in subsections (b), (c), and (d) of this Code section, the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of: (1) The prime rate as published by the Board of Governors of t…

The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state’s substantive law, including the limitation under this chapter, to the issue of successor asbestos related liabilities. This chapter shall be construed liberal…

If any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other parts, portions, sections, subsections, paragraphs, sentenc…