Title 51 — Title 51
0 chapters · 147 sections in this title.
O.C.G.A. § 51-3-26 Construction of article
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Nothing in this article shall be construed to: (1) Create a duty of care or ground of liability for injury to persons or property; or (2) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this article to…
O.C.G.A. § 51-3-3 Lawful possessor of land owes no duty of care to trespasser
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(a) As used in this Code section, the term ‘‘possessor of land’’ means the landowner, occupant of the land, holder of any easement to the land, or lessee of the land. (b) A lawful possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or w…
O.C.G.A. § 51-3-31 Agritourism defined; immunity for civil liability; warnings
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(a) For the purposes of this Code section, the term ‘‘agritourism’’ shall carry the same meaning as set out in subparagraph (p)(7)(B) of Code Section 48-5-7.4. (b) A landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner’s proper…
O.C.G.A. § 51-3-41 Definitions
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As used in this article, the term: (1) ‘‘Crew member’’ means any employee of a space flight entity or any contractor or subcontractor of a space flight entity who performs activities directly relating to the launch, reentry, or other operation of or in a spacecraft, launch vehicl…
O.C.G.A. § 51-3-44 Governing law
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Any litigation, action, suit, or other arbitral, administrative, or judicial proceeding at law or equity against a space flight entity pertaining to space flight activities shall be governed by the laws of the State of Georgia. (Code 1981, § 51-3-44, enacted by Ga. L. 2017, p. 34…
O.C.G.A. § 51-4-1 Definitions
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As used in this chapter, the term: (1) ‘‘Full value of the life of the decedent, as shown by the evidence’’ means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived. (2) ‘‘Homicide’’ includes all…
O.C.G.A. § 51-4-4 Wrongful death of child
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The right to recover for the homicide of a child shall be as provided in Code Section 19-7-1. (Code 1933, § 105-1307, enacted by Ga. L. 1980, p. 1154, § 2.)
O.C.G.A. § 51-5-1 Libel defined; publication prerequisite to recovery
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(a) A libel is a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule. (b) The publication of the libelous matter is essential to recover…
O.C.G.A. § 51-5-3 What constitutes publication of libel
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A libel is published as soon as it is communicated to any person other than the party libeled. (Orig. Code 1863, § 2918; Code 1868, § 2925; Code 1873, § 2976; Code 1882, § 2976; Civil Code 1895, § 3834; Civil Code 1910, § 4430; Code 1933, § 105-705.) 549 51-5-3 TORTS
O.C.G.A. § 51-5-4 Brown v
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Rader, 299 Ga. App. 606, 683 S.E.2d 16 (2009). Person alleging child abuse held immune from liability for slander. — As a tenant admitted at a deposition that the tenant’s son was sometimes in their home, which the tenant knew was contaminated with toxic mold, without a mask, the…
O.C.G.A. § 51-5-5 Inference of malice; rebuttal thereof; effect of rebuttal
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In all actions for printed or spoken defamation, malice is inferred from the character of the charge. However, the existence of malice may be rebutted by proof. In all cases, such proof shall be considered in mitigation of damages. In cases of privileged communications, such proo…
O.C.G.A. § 51-5-6 Bennett v
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Hendrix, 325 Fed. Appx. 727 (11th Cir. 2009) (Unpublished). Plea of privilege is not waived by plea of justification. Etchison v. Pergerson, 88 Ga. 620, 15 S.E. 680 (1892). Truth available as defense even when statement not privileged. — When a slander per se is not privileged, t…
O.C.G.A. § 51-5-7 Privileged communications
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The following communications are deemed privileged: (1) Statements made in good faith in the performance of a public duty; (2) Statements made in good faith in the performance of a legal or moral private duty; (3) Statements made with a good faith intent on the part of the speake…
O.C.G.A. § 51-5-8 Eurostyle, Inc
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v. Jones, 197 Ga. App. 188, 397 S.E.2d 620 (1990). While liens were improperly filed by a supplier, the property owner failed to show that the statements in the lien notices were false; further, the trial court could also have found that the liens were privileged under O.C.G.A. §…
O.C.G.A. § 51-5-9 Right of action for malicious use of privilege
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In every case of privileged communications, if the privilege is used merely as a cloak for venting private malice and not bona fide in promotion of the object for which the privilege is granted, the party defamed shall have a right of action. (Orig. Code 1863, § 2923; Code 1868, …
O.C.G.A. § 51-6-1 Jones v
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Miles, 656 F.2d 103 (5th Cir. 1981). 51-6-1 Award precluded by notice of appeal. — Award of damages under O.C.G.A. § 51-6-1 required reversal because a timely notice of appeal was filed which divested the trial court of jurisdiction to make such an award. Hall v. Hidy, 263 Ga. 42…
O.C.G.A. § 51-6-3 Letters to obtain credit
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No action shall be sustained for deceit in a representation to obtain credit for another unless the misrepresentation is in writing and is signed by the party to be charged therewith. (Orig. Code 1863, § 2902; Code 1868, § 2908; Code 1873, § 2959; Code 1882, § 2959; Civil Code 18…
O.C.G.A. § 51-6-4 Fraud by acts or silence; estoppel to assert title
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(a) A fraud may be committed by acts as well as words. 641 51-6-4 (b) One who silently stands by and permits another to purchase his property, without disclosing his title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser. (Ori…
O.C.G.A. § 51-7-1 Mohamud v
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Wachovia Corp., 260 Ga. App. 612, 580 S.E.2d 259 (2003). Because the plaintiff had gone to the police stations and told two other officers that the arresting officer had better stop harassing the plaintiff, and because the arresting officer had stopped the plaintiff for traffic v…
O.C.G.A. § 51-7-2 Malice defined
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Malice consists in personal spite or in a general disregard of the right consideration of mankind, directed by chance against the individual injured. (Orig. Code 1863, § 2936; Code 1868, § 2943; Code 1873, § 2994; Code 1882, § 2994; Civil Code 1895, § 3855; Civil Code 1910, § 445…
O.C.G.A. § 51-7-20 False imprisonment defined
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False imprisonment is the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty. (Orig. Code 1863, § 2932; Code 1868, § 2939; Code 1873, § 2990; Code 1882, § 2990; Civil Code 1895, § 3851; Civil Code 1910, § 4…
O.C.G.A. § 51-7-21 Brown v
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Camden County, 583 F. Supp. 2d 1358 (S.D. Ga. 2008). Claim was ripe for adjudication. — While a city and two police officers argued that an arrestee’s claim of false imprisonment under O.C.G.A. § 51-7-20 was not ripe because the arrestee’s criminal prosecution had not terminated …
O.C.G.A. § 51-7-22 False imprisonment by several persons
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If false imprisonment is the act of several persons, they may be subject to an action jointly or separately. If jointly, all shall be responsible for the entire recovery. (Orig. Code 1863, § 2934; Code 1868, § 2941; Code 1873, § 2992; Code 1882, § 2992; Civil Code 1895, § 3853; C…
O.C.G.A. § 51-7-3 Lack of probable cause defined; question for jury
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Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. Lack of probable cause 653 51-7-3 shall be a question for the jury, under the direction of the cou…
O.C.G.A. § 51-7-40 Jastram v
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Williams, 276 Ga. App. 475, 623 S.E.2d 686 (2005). Civil rights action. — In a 42 U.S.C. § 1983 case in which a pro se inmate appealed a district court’s 28 U.S.C. § 1915A dismissal of the inmate’s claims for false arrest and false imprisonment as barred by the Heck decision, the…
O.C.G.A. § 51-7-41 Accrual of right of action
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The criminal prosecution forming the basis for an action for malicious prosecution must be ended before the right of action for malicious prosecution accrues. (Orig. Code 1863, § 2931; Code 1868, § 2938; Code 1873, § 2989; Code 1882, § 2989; Civil Code 1895, § 3850; Civil Code 19…
O.C.G.A. § 51-7-42 Love v
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Oliver, 450 F. Supp. 2d 1336 (N.D. Ga. 2006). Cited in Hartshorn v. Smith, 104 Ga. 235, 30 S.E. 666 (1898); South Ga. Grocery Co. v. Banks, 52 Ga. App. 1, 182 S.E. 61 (1935); Peppas v. Miles, 82 Ga. App. 438, 61 S.E.2d 429 (1950); Wall v. Spurlock, 85 Ga. App. 379, 69 S.E.2d 379 …
O.C.G.A. § 51-7-43 Lack of probable cause defined; question for jury
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Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for 690 51-7-43 ARREST, IMPRISONMENT, MALICIOUS PROSECUTION 51-7-43 proceeding but his desire to injure the accused. Lack of probable cause shall be a …
O.C.G.A. § 51-7-44 Inference of malice from lack of probable cause; rebuttal of inference
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A total lack of probable cause is a circumstance from which malice may be inferred; however, the inference may be rebutted by proof. (Orig. Code 1863, § 2929; Code 1868, § 2936; Code 1873, § 2987; Code 1882, § 2987; Civil Code 1895, § 3848; Civil Code 1910, § 4444; Code 1933, § 1…
O.C.G.A. § 51-7-45 Evidence in determination of probable cause
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For consideration of the existence of probable cause, the evidence given during the criminal prosecution by the person accused of the malicious prosecution may be submitted to the jury by either party. The credibility of such evidence shall be determined by the jury. (Orig. Code …
O.C.G.A. § 51-7-46 Right of action for false arrest
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Malice defined. Lack of probable cause defined; question for jury. Arrest under civil process of person exempt from such arrest. 51-7-47. Article 4 Detention or Arrest on Suspicion of Shoplifting or Film Piracy Article 2 False Imprisonment 51-7-20. 51-7-21. 51-7-22. 51-7-60. Fals…
O.C.G.A. § 51-7-47 Measure of damages
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Recovery in actions for malicious prosecution shall not be confined to the actual damage sustained by the accused but shall be regulated by the circumstances of each case. (Orig. Code 1863, § 2928; Code 1868, § 2935; Code 1873, § 2986; Code 1882, § 2986; Civil Code 1895, § 3847; …
O.C.G.A. § 51-7-60 False imprisonment defined
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Effect of good faith on liability for imprisonment under warrant. False imprisonment by several persons. Article 3 51-7-61. 51-7-62. Malicious Prosecution 51-7-40. 51-7-41. 51-7-42. 51-7-43. 51-7-44. Right of action for malicious prosecution. Accrual of right of action. Inquiry b…
O.C.G.A. § 51-7-80 Definitions
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As used in this article, the term: (1) ‘‘Civil proceeding’’ includes any action, suit, proceeding, counterclaim, cross-claim, third-party claim, or other claim at law or in equity. 712 51-7-80 ARREST, IMPRISONMENT, MALICIOUS PROSECUTION 51-7-80 (2) ‘‘Claim’’ includes any allegati…
O.C.G.A. § 51-7-81 Liability for abusive litigation
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Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts: (1) With malice; and (2) Without substantial justification. (Code 1981, § 51-7-81, enacted by Ga. L…
O.C.G.A. § 51-7-82 Defenses
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(a) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or o…
O.C.G.A. § 51-7-83 Hallman v
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Emory Univ., 225 Ga. App. 247, 483 S.E.2d 362 (1997). Attorney’s fees denied. — Creditor’s motion to amend the creditor’s claim for sanctions against the debtor under O.C.G.A. § 9-15-14 to state a claim under O.C.G.A. § 51-7-81 was denied as the amendment was untimely and inequit…
O.C.G.A. § 51-7-84 Notice of claim asserted; when action must be brought
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(a) As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or statutory overnight delivery or some other means evidencing receipt by the addressee to any person against whom such injur…
O.C.G.A. § 51-7-85 Exclusive remedy
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On and after April 3, 1989, no claim other than as provided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abusive litigation, provided that c…
O.C.G.A. § 51-9-1 Cause of action for interference with enjoyment of property
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The right of enjoyment of private property being an absolute right of every citizen, every act of another which unlawfully interferes with such enjoyment is a tort for which an action shall lie. (Orig. Code 1863, § 2955; Code 1868, § 2962; Code 1873, § 3013; Code 1882, § 3013; Ci…
O.C.G.A. § 51-9-10 Interference with right of way or right of common
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The unlawful interference with a right of way or a right of common constitutes a trespass to the party entitled thereto. (Orig. Code 1863, § 2963; Code 1868, § 2970; Code 1873, § 3021; Code 1882, § 3021; Civil Code 1895, § 3882; Civil Code 1910, § 4478; Code 1933, § 105-1410.)
O.C.G.A. § 51-9-11 Slander or libel concerning title to land
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The owner of any estate in lands may bring an action for libelous or slanderous words which falsely and maliciously impugn his title if any damage accrues to him therefrom. (Orig. Code 1863, § 2964; Code 1868, § 2971; Code 1873, § 3025; Code 1882, § 3025; Civil Code 1895, § 3883;…
O.C.G.A. § 51-9-2 Recovery of possession of lands; damages
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The bare right to possession of lands shall authorize their recovery by the owner of such right, as well as damages for the withholding of such right. (Orig. Code 1863, § 2956; Code 1868, § 2963; Code 1873, § 3014; Code 1882, § 3014; Civil Code 1895, § 3875; Civil Code 1910, § 44…
O.C.G.A. § 51-9-4 Action for trespass by person having title
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The person having title to lands, if no one is in actual possession under the same title with him, may bring an action for a trespass thereon. If a tenant is in possession and the trespass is one which injures the freehold, the owner or a remainderman or reversioner may still bri…
O.C.G.A. § 51-9-6 Damages for continuing trespass
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Damages for a continuing trespass are limited to those which have occurred before an action is commenced. Subsequent damages flowing from a continuation of the trespass give a new cause of action. (Civil Code 1895, § 3884; Civil Code 1910, § 4480; Code 1933, § 105-1406.) 743 Hist…
O.C.G.A. § 51-9-7 Diversion, obstruction, or pollution of stream as trespass
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The owner of land through which nonnavigable watercourses flow is entitled to have the water in such streams come to his land in its natural and usual flow, subject only to such detention or diminution as may be caused by a reasonable use of it by other riparian proprietors. The …
O.C.G.A. § 51-9-8 Interference with underground streams
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The course of a stream of water underground and its exact condition before its first use are so difficult of ascertainment that trespass may not be brought for any supposed interference with the rights of a proprietor. (Orig. Code 1863, § 2961; Code 1868, § 2968; Code 1873, § 301…
O.C.G.A. § 51-10-1 Right of action for deprivation of possession of personalty
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The owner of personalty is entitled to its possession. Any deprivation of such possession is a tort for which an action lies. (Orig. Code 1863, § 2965; Code 1868, § 2972; Code 1873, § 3026; Code 1882, § 3026; Civil Code 1895, § 3885; Civil Code 1910, § 4481; Code 1933, § 105-1701…
O.C.G.A. § 51-10-2 Who may bring an action for interference with possession of chattel
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Interference with the mere possession of a chattel, even if the possession is without title or is wrongful, shall give a right of action to the possessor, except as against the true owner or the person wrongfully 763 51-10-2 deprived of possession. (Orig. Code 1863, § 2966; Code …
O.C.G.A. § 51-10-3 Abuse of or damage to personalty as trespass
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Any unlawful abuse of or damage done to the personal property of another constitutes a trespass for which damages may be recovered. (Orig. Code 1863, § 2968; Code 1868, § 2975; Code 1873, § 3029; Code 1882, § 3029; Civil Code 1895, § 3888; Civil Code 1910, § 4485; Code 1933, § 10…