Official Code of Georgia Annotated/Title 51

by Georgia General Assembly

• Chapter 1: General Provisions
• Chapter 2: Imputable Negligence
• Chapter 3: Liability of Owners and Occupiers of Land
• Chapter 4: Wrongful Death
• Chapter 5: Libel and Slander
• Chapter 6: Fraud and Deceit
• Chapter 7: False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation
• Chapter 8: Forcible Entry and Detainer
• Chapter 9: Injuries to Real Estate
• Chapter 10: Injuries to Personalty
• Chapter 11: Defenses to Tort Actions
• Chapter 12: Damages
• Chapter 13: Recovery in Medical Malpractice Actions
• Chapter 14: Asbestos and Silica Claims
• Chapter 15: Asbestos Claims

Cross references.—Limited liability for pick-your-own farm operations, T. 2, C. 14, A. 7.
Abatement of tort actions upon death of either party, § 9—2—41.
Time limitations on actions for injuries to the person, § 9—3—33.
Forms of complaint for actions based on allegations of negligence, §§ 9—11—109, 9—11—110.
Redress by client against attorney for unskillful advice, § 15—19—17.
Immunity of municipal corporations from liability for torts of policemen, § 36—33—3.
State Tort Claims, § 50—21—20 et seq.

Law reviews.—For article surveying cases in tort law from June 1976 through May 1977, see 29 Mercer L. Rev. 253 (1977). For article surveying Georgia cases in tort law from June 1977 through May 1978, see 30 Mercer L. Rev. 215 (1978). For article surveying cases in tort law from June 1978 through May 1979, see 31 Mercer L. Rev. 229 (1979). For article surveying Georgia cases in tort law from May 1979 through June 1980, see 32 Mercer L. Rev. 215 (1980). For annual survey on torts, see 36 Mercer L. Rev. 327 (1984). For article surveying tort law in 1984–1985, see 37 Mercer L. Rev. 373 (1985). For article, “Mass Torts and Litigation Disasters,” see 20 Ga. L. Rev. 429 (1986). For article, “A Comment on Mass Torts and Litigation Disasters,” see 20 Ga. L. Rev. 455 (1986). For annual survey of torts law, see 39 Mercer L. Rev. 327 (1987). For annual survey of law of torts, see 40 Mercer L. Rev. 377 (1988). For annual survey on law of torts, see 42 Mercer L. Rev. 431 (1990). For annual survey on law of torts, see 43 Mercer L. Rev. 395 (1991). For annual survey of law of torts, see 44 Mercer L. Rev. 375 (1992). For annual survey on the law of torts, see 45 Mercer L. Rev. 403 (1993). For annual survey on the law of torts, see 46 Mercer L. Rev. 465 (1994). For annual survey article on the law of torts, see 49 Mercer L. Rev. 285 (1997). For annual survey article on tort law, see 50 Mercer L. Rev. 335 (1998). For annual survey article on the law of torts, see 51 Mercer L. Rev. 461 (1999). For annual survey article on tort law, see 52 Mercer L. Rev. 421 (2000). For article, “Defense Against Outrage and the Perils of Parasitic Torts,” see 45 Ga. L. Rev. 107 (2010). For article, “Human Rights after Kiobel: Choice of Law and the Rise of Transnational Tort Litigation,” see 63 Emory L.J. 1089 (2014). For article, “Where Have All the Cases Gone? The Strange Success of Tort Reform Revisted,” see 65 Emory L.J. 1445 (2016). For article, “The Role of Influence in the Arc of Tort ‘Reform’,” see 65 Emory L.J. 1741 (2016). For article, “Medical Malpractice as Worker’s Comp: Overcoming State Constitutional Barriers to Tort Reform,” see 67 Emory L.J. 975 (2018). For article, “The Impropriety of Punitive Damages in Mass Torts,” see 52 Ga. L. Rev. 723 (2018).
For note, “Tort Liability in Georgia for the Criminal Acts of Another,” see 18 Ga. L. Rev. 361 (1984). For note, “Out With the Old: Georgia Struggles With Its Dated Approach to the Tort of Negligent Infliction of Emotional Distress,” see 34 Ga. L. Rev. 349 (1999). For note, “Another Brick in the Wall: An Empirical Look at Georgia Tort Litigation in the 1990s,” see 34 Ga. L. Rev. 1049 (2000).

JUDICIAL DECISIONS

Service by publication in tort actions.—Statutes pertaining to torts contain no provision for service by publication in any action for personal judgment for a tort against any person, resident or nonresident. Barnes v. Continental Ins. Co., 231 Ga. 246, 201 S.E.2d 150 (1973); Smith v. Commercial Union Assurance Co., 246 Ga. 50, 268 S.E.2d 632 (1980).

There is no provision in the Nonresident Motorists’ Act (see now O.C.G.A. Ch. 12, T. 40), the “long arm” statute (see now O.C.G.A. Art. 4, Ch. 10, T. 9), or in the statutes relative to torts for service on a nonresident defendant by publication, and by its own terms the provision in Ga. L. 1969, p. 487, § 1 (see now O.C.G.A. § 9—11—4(e)(1)) for service by publication is limited in Ga. L. 1969, p. 487, § 1 (see now O.C.G.A. § 9—11—4(i)) by the qualification that the provisions shall apply only in actions or proceedings in which service by publication now or hereafter may be authorized by law. National Sur. Corp. v. Hernandez, 120 Ga. App. 307, 170 S.E.2d 318 (1969).

RESEARCH REFERENCES

ALR.—Discretion of court to refuse to entertain action for nonstatutory tort occurring in another state or country, 48 A.L.R.2d 800.
What is place of tort causing personal injury or resultant damage or death, for purpose of principle of conflict of laws that law of place of tort governs, 77 A.L.R.2d 1266.
Civil liability for insulting or abusive language—modern status, 20 A.L.R.4th 773.
Liability to real-property purchaser for negligent appraisal of property’s value, 21 A.L.R.4th 867.
Personal liability of public school teacher in negligence action for personal injury or death of student, 34 A.L.R.4th 228.
Insurer’s tort liability for wrongful or negligent issuance of life policy, 37 A.L.R.4th 972.
Negligence in preparing abstract of title as ground of liability to one other than person ordering abstract, 50 A.L.R.4th 314.
Liability of better business bureau or similar organization in tort, 50 A.L.R.4th 745.
Tennis club’s liability for tennis player’s injuries, 52 A.L.R.4th 1253.
Civil liability for tobacco sales to minors, 55 A.L.R.4th 1238.
Liability to one struck by golf club, 63 A.L.R.4th 221.
Invasion of privacy by a clergyman, church, or religious group, 67 A.L.R.4th 1086.
Liability of corporate director, officer, or employee for tortious interference with corporation’s contract with another, 72 A.L.R.4th 492.
Strict liability, in absence of statute, for injury or damage occurring on the ground caused by ascent, descent, or flight of aircraft, 73 A.L.R.4th 416.
Tort liability for nonmedical radiological harm, 73 A.L.R.4th 582.
Rescue doctrine: liability of one who negligently causes motor vehicle accident for injuries to person subsequently attempting to rescue persons or property, 73 A.L.R.4th 737.
Cause of action for clergy malpractice, 75 A.L.R.4th 750.
Liability in tort for interference with attorney–client relationship, 90 A.L.R.4th 621.
Liability of motorist for injury to child on skateboard, 24 A.L.R.5th 780.
Free exercise of religion clause of first amendment as defense to tort liability, 93 A.L.R. Fed. 754.
Pre-emption, by § 301(a) of Labor-Management Relations Act of 1947 (29 USCS § 185(a)), of employee's state-law action for infliction of emotional distress, 101 A.L.R. Fed. 395.