2020 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-13. Cause of Action for Physical Injury; Intention Considered in Assessing Damages

A physical injury done to another shall give a right of action to the injured party, whatever may be the intention of the person causing the injury, unless he is justified under some rule of law. However, intention shall be considered in the assessment of damages.

(Orig. Code 1863, § 2910; Code 1868, § 2917; Code 1873, § 2968; Code 1882, § 2968; Civil Code 1895, § 3826; Civil Code 1910, § 4422; Code 1933, § 105-601.)

- Settlement offers and agreement for personal injury, bodily injury, and death from motor vehicle, § 9-11-67.1.

- For comment on Tucker v. Howard L. Carmichael & Sons, 208 Ga. 201, 65 S.E.2d 909 (1951), holding child may maintain action for prenatal injury caused by negligence of another, see 14 Ga. B. J. 249 (1951). For comment on Wright v. Wright, 85 Ga. App. 721, 70 S.E.2d 152 (1952), see 15 Ga. B. J. 83 (1952). For comment on Plantation Pipe Line Co. v. Hornbuckle, 212 Ga. 504, 93 S.E.2d 727 (1956), holding that if a child born after an injury occurring at any period in its prenatal life can prove a tortious effect it will be allowed the right to recover, see 19 Ga. B. J. 87 (1956). For comment on Hornbuckle v. Plantation Pipe Line Co., 212 Ga. 504, 93 S.E.2d 727 (1956), recognizing child's right of action for prenatal injuries suffered prior to viability, see 8 Mercer L. Rev. 377 (1957). For comment on Mims v. Boland, 110 Ga. App. 477, 138 S.E.2d 902 (1964), see 2 Ga. St. B. J. 133 (1965). For comment, "'Am I My Brother's Keeper?': Reforming Criminal Hazing Laws Based on Assumption of Care," see 63 Emory L.J. 925 (2014).

ANALYSIS

• General Consideration
• Jury Instructions

General Consideration

Cause of action for personal injury.

- Actions ex delicto both by the common law and the law of Georgia unquestionably include actions for injuries to the person. Goebel v. Hodges, 83 Ga. App. 574, 64 S.E.2d 207 (1951).

- If a child born after an injury sustained at any period of the child's prenatal life can prove the effect on the child of a tort, the child has a right to recover. Hornbuckle v. Plantation Pipe Line Co., 212 Ga. 504, 93 S.E.2d 727 (1956).

- Cause of action for battery exists when objected-to treatment is performed without the consent of, or after withdrawal of consent by, the patient; there is no authority for holding that a medical consent form signed for one operation or treatment is valid for another operation later and elsewhere. Joiner v. Lee, 197 Ga. App. 754, 399 S.E.2d 516 (1990).

- When a married woman in a state of pregnancy suffers physical injuries which are caused by another's negligence, but which may not have resulted except for her delicate condition, she is not to be debarred from recovering damages from the person guilty of the negligence for the injuries which are the legal and natural result of the act done. Saul Klenberg Co. v. Mrozinski, 78 Ga. App. 59, 50 S.E.2d 247 (1948).

- When a plaintiff seeks to hold the wife liable in damages for a wrong inflicted by the husband, and alleges no more to establish his legal status at the time of the alleged injury than inferences that he was a trespasser upon lands of the defendants, the plaintiff must clearly show that the alleged injuries were maliciously inflicted at the command or counsel of the wife or that she aided and abetted in the injuries received, in order to state a cause of action against her. Brigman v. Brenner, 206 Ga. 222, 56 S.E.2d 471 (1949).

- When one elects to sue another for injuries one receives, it has been recognized for a limited purpose that the plaintiff may waive the plaintiff's right to privacy and the defendant has the right to conduct a reasonable investigation of the plaintiff in order to ascertain the validity of the plaintiff's claim. Ellenberg v. Pinkerton's, Inc., 125 Ga. App. 648, 188 S.E.2d 911 (1972), later appeal, 130 Ga. App. 254, 202 S.E.2d 701 (1973).

- Right of privacy may be implicitly waived and the right is waived by one who files an action for damages resulting from a tort to the extent of the defendant's intervening right to investigate and ascertain for oneself the true state of injury. The reasonableness of the investigation under the circumstances is a question for the jury. Ellenberg v. Pinkerton's Inc., 125 Ga. App. 648, 188 S.E.2d 911 (1972), later appeal, 130 Ga. App. 254, 202 S.E.2d 701 (1973).

- Opprobrious words or abusive language are to be left to the jury, in an action for assault and battery, to determine whether the battery was justifiable. Thompson v. Shelverton, 131 Ga. 714, 63 S.E. 220 (1908).

- When the course of treatment of a mental patient involves an exercise of control by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. Bradley Center, Inc. v. Wessner, 161 Ga. App. 576, 287 S.E.2d 716, aff'd, 250 Ga. 199, 296 S.E.2d 693 (1982), overruled on other grounds by Dep't of Labor v. McConnell, 305 Ga. 812, 828 S.E.2d 352 (2019).

- Four refugees showed that the former Bosnian-Serb soldier committed extensive physical injuries against all of them, without their consent, and in a harmful and offensive manner. Therefore, the soldier was liable to the refugees under Georgia law for assault and battery, regardless of the soldier's intent. Mehinovic v. Vuckovic, 198 F. Supp. 2d 1322 (N.D. Ga. 2002).

- See Gilmere v. City of Atlanta, 737 F.2d 894 (11th Cir. 1984), aff'd in part and rev'd and vacated in part en banc, 774 F.2d 1495 (11th Cir. 1985), cert. denied, 476 U.S. 1115, 106 S. Ct. 1970, 90 L. Ed. 2d 654 (1986).

- Inmate's battery claim against the United States, which was based on injuries the inmate sustained when a federal agent, who was attempting to arrest the inmate pursuant to a warrant, moved the agent's vehicle to block the inmate's escape, failed under the federal Tort Claims Act, 28 U.S.C. § 2680(h), because under applicable state law regarding a battery claim, O.C.G.A. § 51-1-13, the agent was justified in using force reasonably necessary to effectuate the arrest, and under the totality of the circumstances, the agent did not use more force than was reasonably necessary. Williams v. United States, 314 Fed. Appx. 253 (11th Cir. 2009)(Unpublished).

- When a merchant's employee detained three suspected shoplifters, and the detainees brought claims of assault and battery, summary judgment in favor of the merchant was inappropriate after the plaintiffs testified that the employee detained the plaintiffs an unreasonable amount of time and was physically and verbally abusive. Brown v. Super Disc. Mkts., Inc., 223 Ga. App. 174, 477 S.E.2d 839 (1996).

Grant of summary judgment in favor of the employee on the employee's claim of battery was reversed since there were factual issues regarding whether the co-worker's conduct constituted an offensive touching and whether it was intentional. Vasquez v. Smith, 259 Ga. App. 79, 576 S.E.2d 59 (2003).

Trial court properly denied summary judgment to a former supervisor in a former employee's action arising from an improper touching that the supervisor allegedly committed to the employee while pretending to reach out to shake the employee's hand, as there was a relatively low threshold required to prove the claimed battery, and the court was required to view all evidence in the light most favorable to the employee as the non-movant. MARTA v. Mosley, 280 Ga. App. 486, 634 S.E.2d 466 (2006).

Viewing the evidence in the light most favorable to an arrestee who was shot in the face by an officer during a traffic stop, the officer's use of force was not justified because the arrestee's car was stopped and not moving at the time the officer shot the arrestee. Therefore, the officer was not entitled to qualified immunity and summary judgment on the arrestee's claims. Porter v. Massarelli, 303 Ga. App. 91, 692 S.E.2d 722 (2010).

Cited in Western & A.R.R. v. Sawtell, 65 Ga. 235 (1880); Berkner v. Dannenberg, 116 Ga. 954, 43 S.E. 463, 60 L.R.A. 559 (1903); Dodd v. Slater, 101 Ga. App. 362, 114 S.E.2d 170 (1960); Bowling v. Janmar, Inc., 142 Ga. App. 53, 234 S.E.2d 849 (1977); Bendiburg v. Dempsey, 707 F. Supp. 1318 (N.D. Ga. 1989); Telfair v. Gilberg, 868 F. Supp. 1396 (S.D. Ga. 1994); Draper v. Reynolds, 278 Ga. App. 401, 629 S.E.2d 476 (2006).

Jury Instructions

Jury instruction on mitigating circumstances as possible justification appropriate.

- Court erred in failing to charge the jury upon written request, in an action for damages on account of an assault and battery, that the defendant could give in evidence any opprobrious words or abusive language used by the plaintiff to the plaintiff's servant or agent, in order to justify the servant or agent's conduct or mitigate the damages, and it was for the jury to determine whether such language amounted to a justification or only to a mitigation of damages recoverable. Exposition Cotton Mills v. Crawford, 67 Ga. App. 135, 19 S.E.2d 835 (1942).

- In an action for damages for assault and battery the court erred in failing to charge the jury, upon written request, that, in considering the question as to whether or not the battery was proportioned to the provocation, it could take into consideration the relative strength of the plaintiff and defendant's employee, where the plaintiff was an able-bodied man of 34 years, while the employee was 69 years old, and afflicted at the time with cancer. Exposition Cotton Mills v. Crawford, 67 Ga. App. 135, 19 S.E.2d 835 (1942).

- In a suit for personal injuries based on simple negligence in which compensatory damages only were sued for, it was error for the court to give in charge to the jury the provisions of this section. Georgia Ry. & Power Co. v. Bryans, 35 Ga. App. 713, 134 S.E. 787 (1926); Hirsch v. Plowden, 35 Ga. App. 763, 134 S.E. 833 (1926); Rozier v. Folsom, 53 Ga. App. 53, 185 S.E. 140 (1936); Collins v. Porterfield, 102 Ga. App. 294, 116 S.E.2d 105 (1960).

Vice of charging this section in a negligence case lies in the fact that it allows the jury to consider the defendant's intentions in the assessment of damages, when no damages based on willfulness or malice are sought. Collins v. Porterfield, 102 Ga. App. 294, 116 S.E.2d 105 (1960).

- Charge based upon this section should not have been given when there was no allegation and no evidence that the injury was intentional. Rozier v. Folsom, 53 Ga. App. 53, 185 S.E. 140 (1936).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Torts, §§ 2, 6, 8.

- 86 C.J.S., Torts, §§ 23, 90.

- Liability for property lost or stolen at the time of a personal injury, 1 A.L.R. 737.

Liability of electric light or power company for injuries to employee of patron, 9 A.L.R. 174.

Liability of master for injury inflicted by servant with firearms, 10 A.L.R. 1087; 75 A.L.R. 1176.

Liability of one maintaining electric wire over or near highway for injury due to breaking of wire by fall of tree or limb, 19 A.L.R. 801.

Liability for injury due to condition of trees in or overhanging highway, 19 A.L.R. 1021; 49 A.L.R. 840.

Injury to one while coasting in the street, 20 A.L.R. 1433; 109 A.L.R. 941.

Competency of hospital physician or attendant to testify as to condition of patient, 22 A.L.R. 1217.

Liability for injury to window washer, 28 A.L.R. 622.

Liability for injury to one in street by object falling from window, 29 A.L.R. 77; 53 A.L.R. 462.

Liability of one starting bonfire for burning of child, 36 A.L.R. 297.

Constitutionality of statute or ordinance denying remedy for personal injury as a result of simple negligence, 36 A.L.R. 1400.

Liability of one whose acts cause collection of, or disorder in, crowd for injuries incident thereto, 38 A.L.R. 1531.

Release by, or judgment in favor of, person injured as barring action for his death, 39 A.L.R. 579.

Recovery for physical consequences of fright resulting in a physical injury, 40 A.L.R. 983; 76 A.L.R. 681; 98 A.L.R. 402.

Measure of damages in action for personal injuries commenced by the deceased in his lifetime and revived by his personal representative, 42 A.L.R. 187.

Liability of carrier for injury to passenger due to construction of floor of car or vessel on different levels, 48 A.L.R. 1424.

Liability for unintentionally shooting person while hunting, 53 A.L.R. 1205.

Civil liability for death or injury in prize fights, 71 A.L.R. 189.

Liability for damage to person or property by fall of tree, 72 A.L.R. 615.

Admissibility of evidence, and propriety and effect of questions, statements, comments, etc., tending to show that defendant in a personal-injury or death action carries liability insurance, 74 A.L.R. 849.

Recovery for physical consequences of fright resulting in physical injury, 76 A.L.R. 681; 98 A.L.R. 402.

Liability for injury to one riding on running board of automobile or other place outside body of car, 80 A.L.R. 553; 104 A.L.R. 312; 44 A.L.R.2d 238.

Reliance on particular kind of treatment in case of injury as affecting amount of recovery against one causing injury, 82 A.L.R. 491.

Gas company's liability for injury or damage by escaping gas, 90 A.L.R. 1082; 138 A.L.R. 870.

Admissibility of evidence, and propriety and effect of questions, statements, comments, etc., tending to show that defendant in a personal-injury or death action carries liability insurance, 95 A.L.R. 388; 105 A.L.R. 1319; 4 A.L.R. 2d 761.

What amounts to claim for personal injury within statute or ordinance requiring notice as condition of municipal liability, 97 A.L.R. 118.

Liability of county for torts in connection with activities which pertain, or are claimed to pertain, to private or proprietary functions, 101 A.L.R. 1166; 16 A.L.R.2d 1079.

Release or compromise by parent of cause of action for injuries to child as affecting right of child, 103 A.L.R. 500.

Judgment in action for personal injuries to or death of one person as res judicata or conclusive of matters there litigated subsequent action for personal injury to or death of another person in the same accident, 104 A.L.R. 1476.

Sufficiency of complaint in action against railroad for killing or injuring person or livestock as regards time, and direction and identification of train, 115 A.L.R. 1074.

Liability of owner or operator of public gasoline filling station for injury to person or damage to property, 116 A.L.R. 1205.

Liability of churches or other religious societies for torts causing personal injury or death, 124 A.L.R. 814.

What amounts to a personal injury within venue statute, 134 A.L.R. 751.

Liability for injury to person or damage to property as result of "blackout,", 136 A.L.R. 1327; 147 A.L.R. 1442; 148 A.L.R. 1401; 150 A.L.R. 1448; 153 A.L.R. 1433; 154 A.L.R. 1459; 155 A.L.R. 1458; 158 A.L.R. 1463.

Liability for death or injury on or near golf course, 138 A.L.R. 541; 82 A.L.R.2d 1183.

Damages on account of loss of earnings or impairment of earning capacity due to wife's personal injury as recoverable by her or by her husband, 151 A.L.R. 479.

Liability for death of, or injury to, one seeking to rescue another, 158 A.L.R. 189.

Liability of adjoining property owner for injury to one deviating from highway or frequented path, 159 A.L.R. 136.

Right of one to recover from personal injury to himself and for death of another killed in the same accident as giving rise a single cause of action or to separate causes of action, 161 A.L.R. 208.

Breach of lessor's agreement to repair as ground of liability for personal injury to tenant or one in privity with latter, 163 A.L.R. 300; 78 A.L.R.2d 1238.

Liability for injury to or death of participant in game or contest, 7 A.L.R.2d 704.

Liability of manufacturer or wholesaler for injury caused by third person's use of explosives or other dangerous article sold to retailer in violation of law, 11 A.L.R.2d 1028.

Proof of prospective earning capacity of student or trainee, or of its loss, in action for personal injury or death, 15 A.L.R.2d 418.

Liability for injury resulting from swinging door, 16 A.L.R.2d 1161.

Liability of owner or operator of park or other premises on which baseball or other game is played, for injuries by ball to person on nearby street, sidewalk, or premises, 16 A.L.R.2d 1458.

Liability of municipality for injury or damage from explosion or burning of substance stored by third person under municipal permit, 17 A.L.R.2d 683.

Recovery by tenant of damages for physical injury or mental anguish occasioned by wrongful eviction, 17 A.L.R.2d 936.

Liability of one servicing, repairing, or adjusting an oil-burning furnace or other oil-burning heating appliance, for personal injury, death, or property damage, 18 A.L.R.2d 1326.

Liability of seller of firearm, explosive, or highly inflammable substance to child, 20 A.L.R.2d 119; 75 A.L.R.3d 825; 95 A.L.R.3d 390; 4 A.L.R.4th 331.

Danger of apparent danger of great bodily harm or death as condition of self-defense in civil action for assault and battery, personal injury, or death, 25 A.L.R.2d 1215.

Liability of landowner for injury to or death of child caused by cave-in or landslide, 28 A.L.R.2d 195.

Liability of landowner for injury to or death of child resulting from piled or stacked lumber or other building materials, 28 A.L.R.2d 218.

Liability for injury or damage growing out of pulling out of parked motor vehicle, 29 A.L.R.2d 107.

Violation of zoning ordinance or regulation as affecting or creating liability for injuries or death, 31 A.L.R.2d 1469.

Liability for injury to hand in vehicle door, 34 A.L.R.2d 1172.

Shipper's liability to consignee or his employee injured while unloading car because of improper loading, 35 A.L.R.2d 609.

Joinder of cause of action for pain and suffering of decedent with cause of action for wrongful death, 35 A.L.R.2d 1377.

Municipal liability for injuries from snow and ice on sidewalk, 39 A.L.R.2d 782.

Liability for injury or death of adult from electric wires passing through or near trees, 40 A.L.R.2d 1299.

Liability of one negligently causing fire for personal injuries sustained in attempt to control fire or to save life or property, 42 A.L.R.2d 494.

Liability for injury to or death of child from burns caused by hot ashes, cinders, or other hot waste material, 42 A.L.R.2d 930.

Liability of motor carrier for injury to passenger's hand in vehicle door, 42 A.L.R.2d 1190.

Overcrowding motor vehicle or riding in unusual position thereon as affecting liability for injury or damage, 44 A.L.R.2d 238.

Liability of landowner for injury or death of adult falling down unhoused well, cistern, mine shaft, or the like, 46 A.L.R.2d 1069.

Liability of carrier to passenger injured by hurling of object through window by a third person, 46 A.L.R.2d 1098.

Res ipsa loquitur doctrine with respect to firearms accident, 46 A.L.R.2d 1216.

Right of defendant in action for personal injury, property damage, or death, to bring in new parties as cross defendants to his counterclaim or the like, 46 A.L.R.2d 1253.

Liability for injury or damage resulting from fire started by use of blowtorch, 49 A.L.R.2d 368.

Liability for injury or death from electrification of guy wire, 55 A.L.R.2d 129.

Liability for injury or death from collision with guy wire, 55 A.L.R.2d 178.

Liability for injury or damage from stone or other object on surface of highway thrown by passing vehicle, 56 A.L.R.2d 1392.

Prejudicial effect of admission, in personal injury action, of evidence as to financial or domestic circumstances of plaintiff, 59 A.L.R.2d 371.

Liability of air carrier to passenger injured while boarding or alighting, 61 A.L.R.2d 1113.

Liability for injuries received in fishing accidents resulting from use of tackle, 61 A.L.R.2d 1262.

Liability of liquor furnisher under civil damage or dramshop act for injury or death of intoxicated person from wrongful act of a third person, 65 A.L.R.2d 923.

Liability for personal injury to one colliding with or falling over scale or other machine dispensing merchandise or services on public sidewalk, 65 A.L.R.2d 965.

Liability for accident from "jackknifing" of trailers or the like, 68 A.L.R.2d 353.

Liability of electric power company for injury or death resulting from contact of crane, derrick, or other movable machine with electric line, 69 A.L.R.2d 93.

Liability of owner or occupant of premises for injury or death resulting from contact of crane, derrick, or other movable machine with electric line, 69 A.L.R.2d 160, 14 A.L.R.4th 913.

Hospital's liability for injury to patient from heat lamp or pad or hot-water bottle, 72 A.L.R.2d 408.

Liability of one repairing, installing, or servicing gas-burning appliance, for personal injury, death, or property damage, 72 A.L.R.2d 865.

Liability of operators or sponsors of soapbox derby for personal injury, 72 A.L.R.2d 1137.

Liability for injury or damage from taxiing aircraft, 74 A.L.R.2d 654.

Municipal liability for injury or death from collision with rope or clothesline across sidewalk or street, 75 A.L.R.2d 565.

Liability for injury to one on or near merry-go-round, 75 A.L.R.2d 792.

Air carrier's liability for injury to passenger from changes in air pressure, 75 A.L.R.2d 848.

Liability for personal injury or death based on overloading aircraft, 75 A.L.R.2d 868.

Liability of taxicab carrier to passenger injured while boarding vehicle, 75 A.L.R.2d 988.

Liability for injury to one servicing airplane, 76 A.L.R.2d 1070.

Shipowner's liability to longshoreman for injuries due to aspects of unseaworthiness brought about by acts of stevedore company or latter's servants, 77 A.L.R.2d 829.

Participation in gambling activities as bar to action for personal injury or death, 77 A.L.R.2d 961.

Liability for injury or damage caused by negligent operation of crane, derrick, or the like, 81 A.L.R.2d 473.

Liability for injury or damage caused by operation of power machine in snow removal, 81 A.L.R.2d 519.

Admissibility, as against objection of remoteness, of evidence as to past earnings, upon issue as to amount of damages in an action for personal injury or death, 81 A.L.R.2d 733.

Liability for injury to person in street by glass falling from window, door, or wall, 81 A.L.R.2d 897.

Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession which is claimed to have such legal status, 85 A.L.R.2d 692.

Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 A.L.R.2d 1161.

Custom as to loading, unloading, or stowage of cargo as standard of care in action for personal injury or death of seaman or longshoreman, 85 A.L.R.2d 1196.

Liability for injury or death of child in refrigerator, 86 A.L.R.2d 709.

Liability for injury or damage caused by bees, 86 A.L.R.2d 791.

Liability of consignee for personal injury or death of one other than his employee in connection with carrier unloading operations, 86 A.L.R.2d 1399.

Liability of pedestrian to another pedestrian injured as result of collision between them on sidewalk, 88 A.L.R.2d 1143.

Liability of doctor or dentist using force to restrain or discipline patient, 89 A.L.R.2d 983.

Liability for injury from defective condition or improper operation of lift bridge or drawbridge, 90 A.L.R.2d 105.

Shipowner's liability for injury caused to seaman or longshoreman by cargo or its stowage, 90 A.L.R.2d 710.

Liability of operator of skiing, tobogganing, or bobsledding facilities for injury to patron or participant, 94 A.L.R.2d 1431; 95 A.L.R.3d 203.

Products liability: toys and games, 95 A.L.R.3d 390.

Liability of gas company for personal injury or property damage caused by gas escaping from mains in street, 96 A.L.R.2d 1007, 34 A.L.R.5th 1.

Civil liability of one causing personal injury for consequences of negligence, mistake, or lack of skill of physician or surgeon, 100 A.L.R.2d 808.

Liability for injury to or death of passenger in connection with a fire drill or abandonment-of-ship drill aboard a vessel, 8 A.L.R.3d 650.

Validity, enforceability, and effect of provision in seamen's employment contract stipulating the maximum recovery for scheduled personal injuries, 9 A.L.R.3d 417.

Master's liability to agricultural worker injured other than by farm machinery, 9 A.L.R.3d 1061.

Liability for injury to or death of umpire, referee, or judge of game or contest, 10 A.L.R.3d 446.

Propriety and prejudicial effect of reference by plaintiff's counsel, in jury trial of personal injuries or death action, to amount of damages claimed or expected by his client, 14 A.L.R.3d 541.

Water distributor's liability for injuries due to condition of service lines, meters, and the like, which serve individual consumer, 20 A.L.R.3d 1363.

Liability under Jones Act or seaworthiness doctrine for injuries caused by assault, 22 A.L.R.3d 624.

Skier's liability for injuries to or death of another person, 24 A.L.R.3d 1447.

Contributory negligence or assumption of risk of one injured by firearm or air gun discharged by another, 25 A.L.R.3d 518.

Liability of owner or operator of power lawnmower for injuries resulting to third person from its operation, 25 A.L.R.3d 1314.

Spouse's or parent's right to recover punitive damages in connection with recovery of damages for medical expenses or loss of services or consortium arising from personal injury to other spouse or to child, 25 A.L.R.3d 1416.

Hunter's civil liability for unintentionally shooting another person, 26 A.L.R.3d 561.

Municipal liability for personal injury or death under mob violence or antilynching statutes, 26 A.L.R.3d 1142.

Liability for injury or damage caused by rocket testing or firing, 29 A.L.R.3d 556.

Liability, because of improper loading, of railroad consignee or his employee injured while unloading car, 29 A.L.R.3d 1039.

Railroad's liability for injury to or death of child on moving train other than as paying or proper passenger, 35 A.L.R.3d 9.

Liability in connection with fire or explosion of explosives while being stored or transported, 35 A.L.R.3d 1177.

Tort liability of public schools and institutions of higher learning for accidents occurring during use of premises and equipment for other than school purposes, 37 A.L.R.3d 712.

Tort liability of public schools and institutions of higher learning for injuries due to condition of grounds, walks, and play grounds, 37 A.L.R.3d 738.

Liability for injury caused by spraying or dusting of crops, 37 A.L.R.3d 833.

Liability of landlord for injury or death occasioned by swimming pool maintained for tenants, 39 A.L.R.3d 824.

Liability for injury to guest in airplane, 40 A.L.R.3d 1117.

Liability for prenatal injuries, 40 A.L.R.3d 1222.

Anti-hitchhiking laws: Their construction and effect in action for injury to hitchhiker, 46 A.L.R.3d 964.

Liability of vendor or grantor of real estate for personal injury to purchaser or third person due to defective condition of premises, 48 A.L.R.3d 1027.

Liability for injury or death of pallbearer, 48 A.L.R.3d 1280.

Liability of hospital for injury caused through assault by a patient, 48 A.L.R.3d 1288.

Liability for injury or death in shooting contest or target practice, 49 A.L.R.3d 762.

Master and servant: employer's liability for injury caused by food or drink purchased by employee in plant facilities, 50 A.L.R.3d 505.

Liability of owner or operator of store or similar place of business for injury to child climbing or playing on furniture, fixtures, displays, or the like, 50 A.L.R.3d 1227.

Liability for injury to or death of passenger from accident due to physical condition of carrier's employee, 53 A.L.R.3d 669.

Liability for injuries or death resulting from physical therapy, 53 A.L.R.3d 1250.

Absolute liability for blasting operations as extending to injury or damage not directly caused by debris or concussion from explosion, 56 A.L.R.3d 1017.

Liability of installer or maintenance company for injury caused by failure of automatic elevator to level at floor, 63 A.L.R.3d 996.

Liability for injury caused by fall of person into shaft, or by abrupt drop, sudden movement, or stopping between floors, of automatic passenger elevator, 64 A.L.R.3d 950.

Liability of installer or maintenance company for injury caused by door of automatic passenger elevator, 64 A.L.R.3d 1005.

Liability of owner or operator for injury caused by failure of automatic elevator to level at floor, 64 A.L.R.3d 1020.

Liability for injury or death of minor or other incompetent inflicted upon himself by gun made available by defendant, 75 A.L.R.3d 825.

Liability of one causing physical injuries as a result of which injured party attempts or commits suicide, 77 A.L.R.3d 311.

Civil liability of prison or jail authorities for self-inflicted injury or death of prisoner, 79 A.L.R.3d 1210.

Liability of power company for injury or death resulting from contact of radio or television antenna with electrical line, 82 A.L.R.3d 113.

Peace officer's civil liability for death or personal injuries caused by intentional force in arresting misdemeanant, 83 A.L.R.3d 238.

Liability of swimming facility operator for injury or death allegedly resulting from condition of deck, bathhouse, or other area in vicinity of water, 86 A.L.R.3d 388.

Liability of swimming facility operator for injury to or death of swimmer allegedly resulting from hazardous condition in water, 86 A.L.R.3d 1021.

Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 A.L.R.3d 1236.

Liability of one negligently causing fire for injuries sustained by person other than firefighter in attempt to control fire or to save life or property, 91 A.L.R.3d 1202.

Liability for injuries in connection with revolving door on nonresidential premises, 93 A.L.R.3d 132.

Liability of owner or operator of boat livery for injury to patron, 94 A.L.R.3d 876.

Liability of private owner or occupant of land abutting highway for injuries or damages resulting from tree or limb falling onto highway, 94 A.L.R.3d 1160.

Liability for injury or death form ski lift, ski tow, or similar device, 95 A.L.R.3d 203.

Liability for civilian skydiver's or parachutist's injury or death, 95 A.L.R.3d 1280.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from ice or snow on surface of highway or street, 97 A.L.R.3d 11.

Architect's liability for personal injury or death allegedly caused by improper or defective plans or design, 97 A.L.R.3d 455.

Liability of taxicab carrier to passenger injured while alighting from taxi, 98 A.L.R.3d 822.

Liability of persons furnishing intoxicating liquor for injury to or death of consumer, outside coverage of civil damage acts, 98 A.L.R.3d 1230.

Liability of telephone company for injury by noise or electric charge transmitted over line, 99 A.L.R.3d 628.

Liability of governmental unit or private owner or occupant of land abutting highway for injuries or damage sustained when motorist strikes tree or stump on abutting land, 100 A.L.R.3d 510.

When statute of limitations begins to run as to cause of action for development of latent industrial or occupational disease, 1 A.L.R.4th 117.

Liability for injury on, or in connection with, escalator, 1 A.L.R.4th 144.

Motor carrier's liability for personal injury or death of passenger caused by debris, litter, or other foreign object on floor or seat of vehicle, 1 A.L.R.4th 1249.

Highway construction contractor's liability for injuries to third persons by materials or debris on highway during course of construction or repair, 3 A.L.R.4th 770.

Liability of one who sells gun to child for injury to third party, 4 A.L.R.4th 331.

Liability of owner of dog for dog's biting veterinarian or veterinarian's employee, 4 A.L.R.4th 349.

Liability of governmental unit or its officers for injury to innocent occupant of moving vehicle, or for damage to such vehicle, as result of police chase, 4 A.L.R.4th 865.

Actual notice or knowledge by governmental body or officer of injury or incident resulting in injury as constituting required claim or notice of claim for injury - modern status, 7 A.L.R.4th 1063.

Excessiveness or adequacy of damages awarded for injuries to head or brain, or for mental or nervous disorders, 14 A.L.R.4th 328.

Excessiveness or adequacy of damages awarded for injuries to, or conditions induced in, circulatory, digestive, and glandular systems, 14 A.L.R.4th 539.

Excessiveness or adequacy of damages awarded for injuries causing particular diseases or conditions, 16 A.L.R.4th 736.

Excessiveness or adequacy of damages awarded for injuries to, or conditions induced in, sensory or speech organs and systems, 16 A.L.R.4th 1127.

Applicability of doctrine of strict liability in tort to injury resulting from X-ray radiation, 16 A.L.R.4th 1300.

Liability of theater owner or operator for injury to or death of patron resulting from lighting conditions on premises, 19 A.L.R.4th 1110.

Liability of hospital, physician, or other individual medical practitioner for injury or death resulting from blood transfusion, 20 A.L.R.4th 136.

Liability for personal injury or death allegedly resulting from television or radio broadcast, 20 A.L.R.4th 327.

Modern status of rules as to admissibility of evidence of prior accidents or injuries at same place, 21 A.L.R.4th 472.

Liability of blood supplier or donor for injury or death resulting from blood transfusion, 24 A.L.R.4th 508.

Width or design of lateral space between passenger loading platform and car entrance as affecting carrier's liability to passenger for injuries incurred from falling into space, 28 A.L.R.4th 748.

Exterminator's tort liability for personal injury or death directly resulting from operations, 29 A.L.R.4th 987.

Liability for injury or death resulting when object is manually brought into contact with, or close proximity to, electric line, 33 A.L.R.4th 809.

Liability of land carrier to passenger who becomes victim of third party's assault on or about carrier's vehicle or premises, 34 A.L.R.4th 1054.

Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 35 A.L.R.4th 441.

Tort action for personal injury or property damage by partner against another partner or the partnership, 39 A.L.R.4th 139.

Liability of attorney for suicide of client based on attorney's professional act or omission, 41 A.L.R.4th 351.

Liability of employment agency for personal injury or property damage suffered by employer from acts of referred employee, or by employee from acts of referred employer, 41 A.L.R.4th 531.

Liability of land carrier to passenger who becomes victim of another passenger's assault, 43 A.L.R.4th 189.

Liability for injury to martial arts participant, 47 A.L.R.4th 403.

Excessiveness or adequacy of damages awarded for injuries to trunk or torso, or internal injuries, 48 A.L.R.5th 129.

Liability for personal injury or death caused by trespassing or intruding livestock, 49 A.L.R.4th 710.

Liability to one struck by golf ball, 53 A.L.R.4th 282.

Tortious maintenance or removal of life supports, 58 A.L.R.4th 222.

Tort liability of private nursery school or daycare center, or employee thereof, for injury to child while attending facility, 58 A.L.R.4th 240.

Products liability: toxic shock syndrome, 59 A.L.R.4th 50.

Condominium association's liability to unit owner for injuries caused by third person's criminal conduct, 59 A.L.R.4th 489.

Primary liability of private chain franchisor for injury or death caused by franchise premises or equipment, 59 A.L.R.4th 1142.

Liability for injury to customer or other invitee of retail store by falling of displayed, stored, or piled objects, 61 A.L.R.4th 27.

Liability to one struck by golf club, 63 A.L.R.4th 221.

Liability for injury incurred in operation of power golf cart, 66 A.L.R.4th 622.

Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity, 68 A.L.R.4th 228.

Liability for injuries caused by cat, 68 A.L.R.4th 823.

Prejudicial effect of bringing to jury's attention fact that plaintiff in personal injury or death action is entitled to workers' compensation benefits, 69 A.L.R.4th 131.

Tort liability for window washer's injury or death, 69 A.L.R.4th 207.

Liability for personal injury or property damage caused by unauthorized use of automobile which had been parked with keys removed from ignition, 70 A.L.R.4th 276.

Right of child to action against mother for infliction of prenatal injuries, 78 A.L.R.4th 1082.

Liability of proprietor of private gymnasium, reducing salon, or similar health club for injury to patron, 79 A.L.R.4th 127.

Liability of cosmetology school for injury to patron, 81 A.L.R.4th 444.

Permissibility of in-court demonstration to show effect of injury in action for bodily injury, 82 A.L.R.4th 980.

Liability for injury or damage caused by snowplowing or snow removal operations and equipment, 83 A.L.R.4th 5.

Application of "discovery rule" to postpone running of limitations against action for damages from assault, 88 A.L.R.4th 1063.

Refusal of medical treatment on religious grounds as affecting right to recover for personal injury or death, 3 A.L.R.5th 721.

Liability for injury or death from collision with guy wire, 8 A.L.R.5th 177.

Prospective juror's connection with defendant's insurance company as ground for challenge for cause, 9 A.L.R.5th 102.

Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 12 A.L.R.5th 195.

Products liability: lighters and lighter fluid, 14 A.L.R.5th 47.

Air carrier's liability for injury from condition of airport premises, 14 A.L.R.5th 662.

Liability of adult assailant's family to third party for physical assault, 25 A.L.R.5th 1.

Liability of owner or operator of shopping center, or business housed therein, for injury to patron on premises from criminal attack by third party, 31 A.L.R.5th 550.

Res ipsa loquitor in gas leak cases, 34 A.L.R.5th 1.

Liability for injuries to, or death of water skiers, 34 A.L.R.5th 77.

Employer's liability to employee or agent for injury or death resulting from assault or criminal attack by third person, 40 A.L.R.5th 1.

Propriety of, and liability related to, issuance or enforcement of do not resuscitate orders, 46 A.L.R.5th 793.

Excessiveness of adequacy of damages awarded for injuries to trunk or torso, or internal injuries, 48 A.L.R.5th 129.

Excessiveness or adequacy of damages awarded for injuries to head or brain, 50 A.L.R.5th 1.

Excessiveness or adequacy of damages awarded for injuries to nerves or nervous system, 51 A.L.R.5th 467.

Liability of participant in team athletic competition for injury to or death of another participant, 55 A.L.R.5th 529.

Liability of vendor for food or beverage spilled on customer, 64 A.L.R.5th 205.

Liability for donee's contraction of Acquired Immune Deficiency Syndrome (AIDS) from blood transfusion, 64 A.L.R.5th 333.

Prosecution of mother for prenatal substance abuse based on endangerment of or delivery of controlled substance to child, 70 A.L.R.5th 461.

Liability of owner, operator, or other parties, for personal injuries allegedly resulting from snow or ice on premises of parking lot, 74 A.L.R.5th 49.

Skier's liability for injuries to or death of another person, 75 A.L.R.5th 583.

Comparative negligence, contributory negligence, and assumption of risk in action against owner of store, office, or similar place of business by invitee falling on tracked-in water or snow, 83 A.L.R.5th 589.

Admissibility, after enactment of Rule 411, Federal Rules of Evidence, of evidence of liability insurance in negligence actions, 40 A.L.R. Fed. 541.

Limitation of liability of air carrier for personal injury or death, 91 A.L.R. Fed. 547.

First amendment guaranty of freedom of speech or press as defense to liability stemming from speech allegedly causing bodily injury, 94 A.L.R. Fed. 26.

Construction and application of contact sports exception to negligence, 75 A.L.R.6th 109.