Title 51

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…

(a) Any claim administrator, health care advisor, private review agent, or other person or entity which administers benefits or reviews or adjusts claims under a managed care plan shall exercise ordinary diligence to do so in a timely and appropriate manner in accordance with the…

(a) No person may maintain a cause of action pursuant to Code Section 51-1-48 unless the affected enrollee or the enrollee’s representative: (1) Has exhausted the grievance procedure provided for under Code Section 33-20A-5 and before instituting the action: (A) Gives written not…

The term ‘‘due care,’’ when used in reference to a child of tender years, is such care as the child’s mental and physical capacities enable him to exercise in the actual circumstances of the occasion and situation under investigation. (Civil Code 1895, § 2901; Civil Code 1910, § …

(a) As used in this Code section, the term: (1) ‘‘Broadcast’’ means the transmission of video or audio programming by an electronic or other signal conducted by radiowaves or microwaves, by wires, lines, coaxial cables, wave guides or fiber optics, by satellite transmissions dire…

(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…

(a) As used in this Code section, the term: (1) ‘‘Criteria’’ means criteria relating to administrative procedures and shall not include criteria relating to medical treatment, quality of care, or best practices. (2) ‘‘Guideline’’ means a guideline relating to administrative proce…

(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, …

(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…

(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 …

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…

Injury suffered in common with the community, though to a greater extent, will not give a right of action to an individual for the infraction of some public duty. In order for an individual to have such a right of action, there must be some special damage to him, in which the pub…

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…

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.)

(a) For the negligence of one person to be properly imputable to another, the one to whom it is imputed must stand in such a relation or privity to the negligent person as to create the relation of principal and agent. (b) In an action by an infant, the fault of the parent or of …

Every person shall be liable for torts committed by his wife, his child, or his servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily. (Orig. Code 1863, § 2904; Code 1868, § 2910; Code 1873, …

(a) Every parent or guardian having the custody and control over a minor child or children under the age of 18 shall be liable in an amount not to exceed $10,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in reasonable medical e…

v. McBee, 254 Ga. 91, 327 S.E.2d 188 (1985). Contractor’s liability for subcontractor. — Responsibility of a general contractor is not unlimited, but the contractor is liable for the negligence of the subcontractor under any one of the alternative circumstances set forth in this …

An employer is liable for the negligence of a contractor: (1) When the work is wrongful in itself or, if done in the ordinary manner, would result in a nuisance; (2) If, according to the employer’s previous knowledge and experience, the work to be done is in its nature dangerous …

(a) As used in this Code section, the term: (1) ‘‘Health care professional’’ means a professional licensed as an audiologist, chiropractor, clinical social worker, dentist, dietitian, medical doctor, marriage and family therapist, registered professional or licensed practical nur…

If any dog, while not on the premises of its owner or the person having charge of it, kills or injures any livestock, the owner or person having charge of the dog shall be liable for damages sustained by the killing or maiming of the livestock and for the full costs of action. (G…

Willis, 313 Ga. App. 699, 722 S.E.2d 416 (2012). Summary judgment on issue of negligence was improper. — Trial court erred by granting partial summary judgment to an injured pedestrian as to negligence because, even if the dog owners violated the local ordinance, there was still …

West Point Food Mart, Inc., 332 Ga. App. 753, 774 S.E.2d 774 (2015). Owner or occupier of land is liable for failure to warn invitees of dangers or defects in such premises or instrumentalities, of which the owner or occupier knew or of which it was the owner’s or occupier’s duty…

(a) A licensee is a person who: (1) Is neither a customer, a servant, nor a trespasser; (2) Does not stand in any contractual relation with the owner of the premises; and (3) Is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or…

(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…

The purpose of this article is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting the owners’ liability toward persons entering thereon for recreational purposes. (Ga. L. 1965, p. 476, § 1.)

Lockwood, Inc., 250 Ga. 799, 301 S.E.2d 265 (1983). A park created to celebrate the spirit of an historic athletic and cultural event and to provide a gathering place for visitors to relax and enjoy themselves constitutes property available to the public for recreational purposes…

Except as specifically recognized by or provided in Code Section 51-3-25, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premi…

Except as specifically recognized by or provided in Code Section 51-3-25, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes does not thereby: (1) Extend any assurance that the premises are…

Nothing in this article limits in any way any liability which otherwise exists: (1) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or (2) For injury suffered in any case when the owner of land charges the person or pe…

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…

A landowner who allows wildlife to traverse the owner’s property, or a person hunting game on such property with permission, shall be immune from civil liability for damage and injuries which may be caused by wildlife which traverse the landowner’s property and enter a public roa…

(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…

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…

(a) Except as provided in subsection (b) of this Code section, a space flight entity shall not be civilly liable to or criminally responsible for any person for a space flight participant injury arising out of inherent risks associated with any space flight activities occurring i…

(a) A space flight participant shall sign a warning and agreement before participating in any space flight activity. Such warning and agreement shall be in writing and include the following language: ‘‘WARNING AND AGREEMENT UNDER GEORGIA LAW THERE IS NO LIABILITY FOR INJURY, DEAT…

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…

Definitions. Duty of owner of land to those using same for recreation generally. Effect of invitation or permission to use land for recreation. Applicability of Code Sections 51-3-22 and 51-3-23 to owner of land leased to state or subdivision for recreation. Certain liability not…

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…

(a) The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence. (b)(1) If an action for wrongful death is broug…

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.)

(a) When there is no person entitled to bring an action for the wrongful death of a decedent under Code Section 51-4-2 or 51-4-4, the administrator or executor of the decedent may bring an action for and may recover and hold the amount recovered for the benefit of the next of kin…

(a) As used in this Code section, the term ‘‘health care provider’’ shall have the same meaning as set forth in Code Section 16-5-5. (b) Within ten days of a judgment, a health care provider against whom a judgment has been obtained under the provisions of this chapter shall noti…

(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…

(a) The owner, licensee, or operator of a visual or sound broadcasting station or network of stations and the agents or employees of any owner, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual …

(a) In any civil action for libel which charges the publication of an erroneous statement alleged to be libelous, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction in writing at least seven days prior to the filing of th…