Title 51

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 issue…

There shall be a rebuttable presumption that a property owner selling timber from his or her land and acting in good faith shall not be liable to adjoining landowners for any trespass or conversion of property caused by a third party timber harvester who is not subject to the con…

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…

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…

(a) Any person employed by a licensed compressed gas dealer who provides assistance upon request of any law enforcement agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency involving the use, handling, trans…

A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24,…

(a) If a tort does not amount to a crime, the person injured may consent to a satisfaction and settlement thereof. (b)(1) If a tort amounts to a crime, the person injured may agree upon and receive compensation for the personal injury. (2) However, any attempt to satisfy the publ…

A person committing a tort may, before or after an action is brought, tender to the person injured such an amount of damages as in his judgment will cover the injury; and, if the same shall be rejected, he may deposit the amount in the office of the clerk of the superior court of…

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 Page: 736 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:0:39…

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. There is no express or clear int…

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, …

Ga. Farm Bureau Mut. Ins. Co. v. Turpin, 294 Ga. App. 63, 668 S.E.2d 518 (2008). Jury question. — When a bank customer proved that wrongful dishonor of a check created a default the customer could not cure, the customer’s subsequent failures, primarily of omission, and other happ…

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) In determining the present value of future medical expenses, living expenses, lost wages, or other economic damages, the trier of fact may reduce the same to the present value based on a discount rate of 5 percent or any other discount rate as the trier of fact may deem appro…

(a) Where a claimant has given written notice by registered or certified mail or statutory overnight delivery to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails to pay such…

(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, § …

Damages are given as compensation for injury; generally, such compensation is the measure of damages where an injury is of a character capable of being estimated in money. If an injury is small or the mitigating circumstances are strong, nominal damages only are given. (Orig. Cod…

(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). Uninsured motorist insurer not liable for punitive damages. — In an action against a tortfeasor’s estate defended by the tortfeasor’s uninsured motorist insurer, evidence of the tortfe…

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.)

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. …

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 damages for an injury caused by any of the defendants against only the defendant or defendants liable for the injury. In its verdict, the jury may sp…

(a) Except as provided in Code Section 51-12-33, where a tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if an action had been brought against them jointly. Without the necessity of being charged by action or judgment,…

(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…

(a) Every person, firm, or corporation who, without the written consent of the person holding legal title to land or to an interest in land as security for debt, as shown by the public records of the county where such land is located, buys, sells, cuts, removes, holds, disposes o…

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) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the t…

(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 Attorney General is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Any such rules of a substantive nature shall be promulgated only when it is determined by the At…

(a) Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ shall apply to all actions and proceedings of an administrative nature taken by the Attorney General pursuant to this article, except where the Attorney General is acting under Part 2 of Article 15 of Chapt…

(a) In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the Attorney General may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he or she determines, after a hearing, that any …

(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, § …

Southern Guar. Ins. Co., 297 Ga. App. 587, 677 S.E.2d 760 (2009). Statute allows a trial court to defer the ruling on a motion for directed verdict and submit the case to the jury, subject to later determination of the legal questions raised by the motion. Mayor of Savannah v. Pa…

(a) As used in this Code section, the term: (1) ‘‘Claimant’’ means a person, including a decedent’s estate, who seeks or has sought recovery of damages in a medical malpractice action. All persons claiming to have sustained damages as the result of the bodily injury or death of a…

(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 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 asbestos or sili…

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…

(a) Asbestos claims and silica claims that accrued before April 12, 2005, or that will accrue on or after May 1, 2007, shall be governed by this chapter, as it exists on May 1, 2007. Asbestos claims and silica claims that accrued on or after April 12, 2005, and before May 1, 2007…