2020 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-8. Right of Action Arising From Breach of Private Duty

Private duties may arise from statute or from relations created by contract, express or implied. The violation of a private duty, accompanied by damage, shall give a right of action.

(Orig. Code 1863, § 2897; Code 1868, § 2903; Code 1873, § 2954; Code 1882, § 2954; Civil Code 1895, § 3810; Civil Code 1910, § 4406; Code 1933, § 105-104.)

- For article, "Statutes of Limitation: Counterproductive Complexities," see 37 Mercer L. Rev. 1 (1985). For article, "Labor and Employment Law," see 53 Mercer L. Rev. 349 (2001). For note discussing landlord liability for crime in apartments, see 5 Ga. L. Rev. 349 (1971). For note discussing tavern keeper liability in Georgia for injury caused by a person to whom an intoxicant was sold, see 9 Ga. L. Rev. 239 (1974). For comment on Parker v. Vaughn, 124 Ga. App. 300, 183 S.E.2d 605 (1971), see 8 Ga. St. B. J. 244 (1971).

ANALYSIS

• General Consideration
• Private Duty Related to Contract
• Applicability to Specific Cases

General Consideration

Elements of an action.

- Before a plaintiff can recover, the plaintiff must show that the plaintiff's injury and damage resulted from some negligent act or omission to act in some duty owed to the plaintiff. Knight v. Atlantic Coast Line R.R., 4 F. Supp. 713 (S.D. Ga. 1933), aff'd, 73 F.2d 76 (5th Cir. 1934); Davis v. Johnson, 92 Ga. App. 858, 90 S.E.2d 426 (1955); Carroll v. Griffin, 96 Ga. App. 826, 101 S.E.2d 764 (1958); Black v. New Holland Baptist Church, 122 Ga. App. 606, 178 S.E.2d 571 (1970).

- Before an action for a tort will lie, there must be an injury accompanying such tort. Clements v. Hendi, 182 Ga. App. 118, 354 S.E.2d 700 (1987).

- When there is fraud or breach of a legal or private duty accompanied by any damage, the law gives a right to recover damages, even only nominal damages, as compensation. Holmes v. Drucker, 201 Ga. App. 687, 411 S.E.2d 728 (1991).

- Damages for injury to reputation, emotional distress, humiliation, mental and physical strain and the like are generally not recoverable in a legal malpractice case premised on mere negligence when no physical injury is suffered by the plaintiff. Hamilton v. Powell, Goldstein, Frazer & Murphy, 167 Ga. App. 411, 306 S.E.2d 340 (1983), aff'd, 252 Ga. 149, 311 S.E.2d 818 (1984).

- Charge imposed under the Georgia Emergency Telephone 911 Service Act, O.C.G.A. § 46-5-120 et seq., was a tax as a matter of law, and counties did not have the required legislative authority under Ga. Const. 1983, Art. VII, Sec. I, Par. III(a), to sue telephone companies to recover charges not collected from subscribers; neither the Act nor the tort statutes, O.C.G.A. §§ 51-1-6,51-1-8, provided such authority. Bellsouth Telecoms., LLC v. Cobb County, 305 Ga. 144, 824 S.E.2d 233 (2019).

"Private duty" evidently means private duty arising either from law or from relation created by contract, express or implied. Ellis v. Taylor, 172 Ga. 830, 159 S.E. 266 (1931).

- It is not the special damage or injury resulting from the wrongful act which gives rise to a cause of action, but the fact that nominal damages may be recovered is sufficient to create a cause of action and therefore result in the statute of limitations beginning to run. Jankowski v. Taylor, Bishop & Lee, 246 Ga. 804, 273 S.E.2d 16 (1980).

- When the trial court fully charged the jury regarding the common-law and statutory duties on which plaintiff based the plaintiff's claims, it was not error for the court to refuse a request to charge the exact language of O.C.G.A. § 51-1-8. Wadkins v. Smallwood, 243 Ga. App. 134, 530 S.E.2d 498 (2000).

- In a wrongful death action filed by a decedent-lessee's administrator in which the decedent was killed when crossing a public highway that the lessor did not control, the lessor was properly granted summary judgment, as the administrator failed to show that the lessor was negligent per se or that the lessor breached either a common law or private duty owed to the lessee. Walton v. UCC X, Inc., 282 Ga. App. 847, 640 S.E.2d 325 (2006).

- Because O.C.G.A. § 51-1-8 did not confer a separate cause of action in tort and the plaintiff dry cleaners' claims against the defendant natural gas supplier thereunder were contingent on the other claims that failed, the claims under § 51-1-8 failed. Byung Ho Cheoun v. Infinite Energy, Inc., F.3d (11th Cir. Jan. 27, 2010)(Unpublished).

Cited in Lea v. Harris, 88 Ga. 236, 14 S.E. 566 (1891); Kutchey Motor Co. v. Hood, 46 Ga. App. 156, 167 S.E. 126 (1932); Wall v. Wall, 176 Ga. 757, 168 S.E. 893 (1933); Bell Fin. Co. v. Johnson, 180 Ga. 567, 179 S.E. 703 (1935); Dale Elec. Co. v. Thurston, 82 Ga. App. 516, 61 S.E.2d 584 (1950); Berger & Co. v. Gray, 97 Ga. App. 230, 102 S.E.2d 925 (1958); Georgia Elec. Co. v. Smith, 108 Ga. App. 851, 134 S.E.2d 840 (1964); Rawls Bros. Co. v. Paul, 115 Ga. App. 731, 155 S.E.2d 819 (1967); Giacalone v. Tuggle, 141 Ga. App. 123, 232 S.E.2d 589 (1977); Aretz v. United States, 604 F.2d 417 (5th Cir. 1979); Tolar Constr. Co. v. GAF Corp., 154 Ga. App. 127, 267 S.E.2d 635 (1980); Sam Finley, Inc. v. Barnes, 156 Ga. App. 802, 275 S.E.2d 380 (1980); Walton v. United States, 484 F. Supp. 568 (S.D. Ga. 1980); Oden & Sims Used Cars, Inc. v. Thurman, 250 Ga. App. 709, 301 S.E.2d 673 (1983); Friedlander v. Nims, 571 F. Supp. 1188 (N.D. Ga. 1983); Blalock Mach. & Equip. Co. v. Iowa Mfg. Co., 576 F. Supp. 774 (N.D. Ga. 1983); Shessel v. Stroup, 253 Ga. 56, 316 S.E.2d 155 (1984); Hodges v. Tomberlin, 170 Ga. App. 842, 319 S.E.2d 11 (1984); Friedlander v. Troutman, Sanders, Lockerman & Ashmore, 595 F. Supp. 1442 (N.D. Ga. 1984); National City Bank v. Busbin, 175 Ga. App. 103, 332 S.E.2d 678 (1985); ITT Terryphone Corp. v. Tri-State Steel Drum, Inc., 178 Ga. App. 694, 344 S.E.2d 686 (1986); Whitehead v. Cuffie, 185 Ga. App. 351, 364 S.E.2d 87 (1987); Bowling v. Gober, 206 Ga. App. 38, 424 S.E.2d 335 (1992); Robinson v. J. Smith Lanier & Co., 220 Ga. App. 737, 470 S.E.2d 272 (1996); Wisdom v. M.A. Hanna Co., 978 F. Supp. 1471 (N.D. Ga. 1997); Vibratech, Inc. v. Frost, 291 Ga. App. 133, 661 S.E.2d 185 (2008), overruled on other grounds by Bowen v. Savoy, 308 Ga. 204, 839 S.E.2d 546 (2020); Ellison v. Southstar Energy Servs., LLC, 298 Ga. App. 170, 679 S.E.2d 750 (2009); Estate of Pitts v. City of Atlanta, 323 Ga. App. 70, 746 S.E.2d 698 (2013); Gobran Auto Sales, Inc. v. Bell, 335 Ga. App. 873, 783 S.E.2d 389 (2016); McConnell v. Department of Labor, 337 Ga. App. 457, 787 S.E.2d 794 (2016); Bellsouth Telecomms., LLC v. Cobb County, 352 Ga. App. 110, 834 S.E.2d 124 (2019); Handberry v. Manning Forestry Servs., LLC, 353 Ga. App. 150, 836 S.E.2d 545 (2019).

Private Duty Related to Contract

Violation of specific duty.

- Action of tort may be maintained for violation of specific duty flowing from relations between the parties, created by contract. Ellis v. Taylor, 172 Ga. 830, 159 S.E. 266 (1931); Frank Graham Co. v. Graham, 90 Ga. App. 840, 84 S.E.2d 579 (1954); Tapley v. Youmans, 95 Ga. App. 161, 97 S.E.2d 365 (1957); City of Douglas v. Johnson, 157 Ga. App. 618, 278 S.E.2d 160 (1981).

- If a contract imposes a legal duty upon a person, the neglect of that duty is a tort founded upon a contract; in such a case the liability arises out of a breach of duty incident to and created by the contract, but is only dependent upon the contract to the extent necessary to raise the duty. The tort consists in the breach of duty. Wolff ex rel. Salomon Bros. & Co. v. Southern Ry., 130 Ga. 251, 60 S.E. 569 (1908); Ellis v. Taylor, 172 Ga. 830, 159 S.E. 266 (1931); Warren v. Mitchell Motors, Inc., 52 Ga. App. 58, 182 S.E. 205 (1935); Simmons v. May, 53 Ga. App. 454, 186 S.E. 441 (1936); Frank Graham Co. v. Graham, 90 Ga. App. 840, 84 S.E.2d 579 (1954).

- In some contracts duties arise between the parties the violation of which would constitute a tort; however, such duties do not arise in every contract. Atlanta Gas Light Co. v. Newman, 88 Ga. App. 252, 76 S.E.2d 536 (1953).

- In a Chapter 11 bankruptcy proceeding, the debtor had a valid objection to an allowance of a claim arising from pending state court litigation; an alleged contract was not sufficiently clear to be enforceable, and there was no independent duty arising from the contract such as would give rise to a negligence claim under O.C.G.A. § 51-1-8. In re LJL Truck Ctr., Inc., 299 Bankr. 663 (Bankr. M.D. Ga. 2003).

- That a party occupies a status that sometimes gives rise to professional duties, does not transform all contract disagreements into torts based on a professional relationship. Kaiser Aluminum & Chem. Corp. v. Ingersoll-Rand Co., 519 F. Supp. 60 (S.D. Ga. 1981).

- Mere breach of an ordinary contract does not constitute a tort; and if there is no liability except that arising out of a breach of a purely contractual duty, the action must be in contract, and an action in tort cannot be maintained. Hanson v. Aetna Life & Cas., 625 F.2d 573 (5th Cir. 1980).

When the breach complained of is simply the neglect of a duty such as is expressly provided for by the contract itself, the action will be construed and treated as one brought ex contractu. Atlanta Gas Light Co. v. Newman, 88 Ga. App. 252, 76 S.E.2d 536 (1953).

While the plaintiff's relationship with the defendant was defined by contract, the mere breach of that contract did not give rise to tort liability. Odem v. Pace Academy, 235 Ga. App. 648, 510 S.E.2d 326 (1998).

Breach of contractual duty to pay money is not tort. Howard v. Central of Ga. Ry., 9 Ga. App. 617, 71 S.E. 1017 (1911).

- Summary judgment was properly denied to a trailer park owner in a premises liability action based upon the murder of a tenant in the park since the owner had a duty to provide security to the park as a result of a contract the owner entered with all residents and failed to inform the residents that security was discontinued. Brookview Holdings, LLC v. Suarez, 285 Ga. App. 90, 645 S.E.2d 559, cert. denied, 285 Ga. App. 90, 645 S.E.2d 559 (2007).

- Damages for the failure of a party to carry out the purported terms of an oral contract for the sale of realty were not authorized. Zappa v. Basden, 188 Ga. App. 472, 373 S.E.2d 246, cert. denied, 188 Ga. App. 913, 373 S.E.2d 246 (1988).

- Trial court erred by denying a franchisor's motion for summary judgment with regard to a consumer's negligence claim predicated on the Franchise Practices Act, O.C.G.A. § 10-1-620 et seq., as the Act did not impose a legal duty upon the franchisor to prevent a franchisee from presenting an unreasonable risk of harm to members of the public like the consumer. DaimlerChrysler Motors Co. v. Clemente, 294 Ga. App. 38, 668 S.E.2d 737 (2008).

Applicability to Specific Cases

1. Private Duty Imposed

- It is the legal duty of a common carrier to receive and transport a person who has purchased a ticket over its lines, to the destination called for by the ticket, and should a carrier, in violation of the duty so imposed upon the carrier, illegally expel a passenger from thr carrier's bus and wrongfully refuse to carry the passenger to the passenger's destination, it would be liable to the passenger for damages proximately resulting therefrom. Daigrepont v. Teche Greyhound Lines, 189 Ga. 601, 7 S.E.2d 174 (1940).

Contract of landlord and cropper, when performance has been entered upon, creates status from which reciprocal rights and duties spring; and a tort, as well as a breach of contract, may arise from the violation of one of these duties. Payne v. Watters, 9 Ga. App. 265, 70 S.E. 1114 (1911); Tapley v. Youmans, 95 Ga. App. 161, 97 S.E.2d 365 (1957).

- It is the duty of an electric company to keep the wires over the city streets so insulated as to protect persons from injury. Trammell v. Columbus R.R., 9 Ga. App. 98, 70 S.E. 892 (1911).

- One who, by a gratuitous promise or other conduct which one should realize will cause another reasonably to rely upon the performance of definite acts of service by one as the other's agent, causes the other to refrain from having such acts done by other available means is subject to a duty to use care to perform such service or, while other means are available, to give notice that one will not perform. Mixon v. Dobbs Houses, Inc., 149 Ga. App. 481, 254 S.E.2d 864 (1979).

- Even though the promises made by the defendant to deliver the plaintiff's message to the defendant's spouse may have been gratuitous, once they were undertaken the duty arose to perform under the requisite standard of care. Mixon v. Dobbs Houses, Inc., 149 Ga. App. 481, 254 S.E.2d 864 (1979).

- When the duty of the defendant to furnish the plaintiff with gas arose solely through their contract, the remedy of the plaintiff for a breach of that duty, even though the breach was occasioned by the defendant's negligence, was in contract and not in tort. Atlanta Gas Light Co. v. Newman, 88 Ga. App. 252, 76 S.E.2d 536 (1953).

- One who undertakes by virtue of a contract to repair a chattel for another owes to such other the duty to use ordinary care in making such repairs so as not to endanger the lives and limbs of others by a negligent performance, the consequences of which may be foreseen by that one. Frank Graham Co. v. Graham, 90 Ga. App. 840, 84 S.E.2d 579 (1954).

- Private hospital in which patients are placed for treatment by their physicians, and which undertakes to care for the patients and supervise and look after the patients, is under the duty to exercise such reasonable care in looking after and protecting a patient as the patient's condition, which is known to the hospital through the hospital's agents and servants charged with the duty of looking after and supervising the patient, may require. Emory Univ. v. Shadburn, 47 Ga. App. 643, 171 S.E. 192 (1933), aff'd, 180 Ga. 595, 180 S.E. 137 (1935).

- In connection with a sale of goods having a potentiality of doing harm by normal, intended, and nonnegligent use, when there is no fiduciary relationship between the seller and the purchaser, and no fraud, it is the duty of the seller to warn the purchaser at the time of sale and delivery, and a breach occurs at this time if there is a failure to warn. Everhart v. Rich's, Inc., 229 Ga. 798, 194 S.E.2d 425 (1972), answer conformed to, 128 Ga. App. 319, 196 S.E.2d 475 (1973).

- Because the named plaintiffs in a purported class action produced evidence that two named plaintiffs were parties to contracts with the funeral homes, the two named plaintiffs had standing to assert claims of negligence on behalf of the class based on the existence of a contract. In re Tri-State Crematory Litig., 215 F.R.D. 660 (N.D. Ga. 2003).

- Bank's alleged actions in paying a check over a forged endorsement, depositing the funds in new accounts, and failing to observe reasonable commercial standards, were not violations of any legal right of, or duty owed to, the payee of the check who had never received delivery of the check, and the payee had suffered no damages from these actions. Thus, the payee did not have a tort claim under O.C.G.A. § 51-1-1, O.C.G.A. § 51-1-6, or O.C.G.A. § 51-1-8. Jenkins v. Wachovia Bank, Nat'l Ass'n, 309 Ga. App. 562, 711 S.E.2d 80 (2011).

2. Breach of Private Duty

Attorney's action for fee.

- Petition by an attorney states a cause of action when the petition alleges that the attorney's cocounsel and the attorney's clients conspired with the intent to deprive petitioner of the petitioner's compensation and the petitioner's right to exercise the petitioner's holding lien. Davidson v. Collier, 104 Ga. App. 546, 122 S.E.2d 465 (1961).

In legal malpractice cases a right of action arises immediately upon the wrongful act having been committed, even though there are no special damages. Ekern v. Westmoreland, 181 Ga. App. 741, 353 S.E.2d 571 (1987).

- Even when a bailment has been created by special contract, the bailor may recover against the bailee for the bailee's negligence in an action of tort. Warren v. Mitchell Motors, Inc., 52 Ga. App. 58, 182 S.E. 205 (1935).

- When there was proof going to show that the plaintiff, at the time the plaintiff was injured by reason of the horse running over the plaintiff, was standing upon a sidewalk in a city, and one of the acts of negligence charged by the petition was the alleged driving of the horse upon the sidewalk, in violation of a city ordinance, and such ordinance was admitted in evidence without objection, it was not error for the court to charge upon the validity and legal effect of the ordinance, even though the evidence indicated that the driving of the horse on the sidewalk was unintentional on the part of the driver, when the court expressly instructed the jury that, if such act was unintentional, it would constitute no violation of the ordinance. Clackum v. Bagwell, 40 Ga. App. 831, 151 S.E. 689 (1930).

Injury to financial standing of a maker of a note, when the payee sends the note to a bank for collection after the note has been paid, is a tort. State Mut. Life & Annuity Ass'n v. Baldwin, 116 Ga. 855, 43 S.E. 262 (1903).

- Negligence of the defendant in failing to repair the brakes to the plaintiff's automobile in such manner that the brakes could be depended upon to function properly, although the defendant represented to the plaintiff that the brakes had been fixed and were in good working condition, constituted a breach of the duty owing to the plaintiff to provide the plaintiff with serviceable and dependable brakes, and this is true although the duty which the defendant owed the plaintiff in this respect was created by the contract, and although the defendant at the time it sold the automobile expressly warranted that the brakes were in good working order. Frank Graham Co. v. Graham, 90 Ga. App. 840, 84 S.E.2d 579 (1954).

- Landlord who leases in writing a building for the conduct of a particular business, and verbally consents for the lessee to associate with a partner in the business, is liable to the partnership for damages caused to their business by a violation of the terms of the lease. DeFoor v. Stephens & Lastinger, 133 Ga. 617, 66 S.E. 786 (1909).

- Insurer's breach of § 33-3-28, requiring insurers to provide coverage information, did not create a cause of action and the right to seek damages under O.C.G.A. §§ 51-1-6 and51-1-8. Parris v. State Farm Mut. Auto. Ins. Co., 229 Ga. App. 522, 494 S.E.2d 244 (1997).

- At-will employee may not sue in tort under O.C.G.A. § 51-1-6 or O.C.G.A. § 51-1-8 for wrongful discharge based upon age discrimination. Reilly v. Alcan Aluminum Corp., 272 Ga. 279, 528 S.E.2d 238 (2000).

Provisions of O.C.G.A. §§ 51-1-6 and51-1-8 do not create a civil action for age discrimination for an employee-at-will based upon a violation of either O.C.G.A. § 34-1-2 or the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. Reilly v. Alcan Aluminum Corp., 221 F.3d 1170 (11th Cir. 2000).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74A Am. Jur. 2d, Torts, § 29 et seq.

Negligent Operation of Private Swimming Pool, 38 POF2d 1.

Negligent Operation of Pleasure Boat, 43 POF2d 395.

- 86 C.J.S., Torts, § 8 et seq.

- Violation of statute or ordinance in relation to explosives as ground of action in favor of one injured in person or property by explosion, 12 A.L.R. 1309.

Liability of one undertaking to repair automobile for injury to third person, 52 A.L.R. 857.

Marital or parental relation between plaintiff and member of partnership as affecting right to maintain action in tort against partnership or partners, 81 A.L.R. 1106; 101 A.L.R. 1231.

Contractual relationship as affecting right of action for death, 115 A.L.R. 1026.

Liability of private noncharitable hospital or sanitarium for improper care or treatment of patients, 124 A.L.R. 186.

Loss or theft of passenger's ticket or other token of right to transportation as affecting rights and duties of carrier and passenger, 127 A.L.R. 222.

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.

Implied obligation of employee not to use trade secrets or confidential information for his own benefit or that of third persons after leaving the employment, 165 A.L.R. 1453.

Liability of insurer based upon its act of withdrawal after assumption of defense, 167 A.L.R. 243.

Lockout or removal of place of employment to avoid labor difficulties or punish employees as actionable wrong, 173 A.L.R. 674.

Customary or statutory signal from train as measure of railroad's duty as to warning at highway crossing, 5 A.L.R.2d 112.

Breach of assumed duty to inspect property as ground of liability for damage or injury to third person, 6 A.L.R.2d 284.

Liability of garageman, service or repair station, or filling station operator for destruction or damage of motor vehicle by fire, 16 A.L.R.2d 799.

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

Suspension or expulsion from social club or similar society and the remedies therefor, 20 A.L.R.2d 344.

Suspension or expulsion from professional association and the remedies therefor, 20 A.L.R.2d 531.

General contractor's liability for injuries to employees of other contractors on the project, 20 A.L.R.2d 868.

Liability for procuring breach of contract, 26 A.L.R.2d 1227; 96 A.L.R.3d 1294.

Rights and remedies arising out of delay in passing upon application for insurance, 32 A.L.R.2d 487.

Liability of filling station operator, garageman, or the like, in connection with servicing vehicle with lubricants or fuel, 38 A.L.R.2d 1453.

Liability of motor carrier for injuries to passengers from accident occasioned by blowout or other failure of tire, 44 A.L.R.2d 835.

Liability of public accountant, 54 A.L.R.2d 324; 46 A.L.R.3d 979.

Tort liability for damages for misrepresentations as to area of real property sold or exchanged, 54 A.L.R.2d 660.

Shipper's liability to carrier for damage to vehicle or to other cargo resulting from defects in shipper's containers, 65 A.L.R.2d 770.

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 of one drawing an invalid will, 65 A.L.R.2d 1363.

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

Landlord's liability for personal injury or death of tenant or his privies from heating system or equipment, 86 A.L.R.2d 791.

Landlord's liability for personal injury or death of tenant or privies from electrical system or equipment, 86 A.L.R.2d 838.

Attorney's liability for negligence in preparing or recording security document, 87 A.L.R.2d 991.

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

Liability of garageman to one ordering repair of motor vehicle, for defective work, 92 A.L.R.2d 1408; 1 A.L.R.4th 347; 23 A.L.R.4th 274.

Private person's duty and liability for failure to protect another against criminal attack by third person, 10 A.L.R.3d 619.

Tenant's right to damages for landlord's breach of tenant's option to purchase, 17 A.L.R.3d 976.

Duty of vendor of real estate to give purchaser information as to termite infestation, 22 A.L.R.3d 972.

Surveyor's liability for mistake in, or misrepresentation as to accuracy of, survey of real property, 35 A.L.R.3d 504.

Tort liability of public schools and institutions of higher learning for accident occurring during school athletic events, 35 A.L.R.3d 725.

Tort liability of public schools and institutions of higher learning for accidents associated with chemistry experiments, shopwork, and manual or vocational training, 35 A.L.R.3d 758.

Tort liability of private schools and institutions of higher learning for accidents due to condition of buildings, equipment, or outside premises, 35 A.L.R.3d 975.

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 playgrounds, 37 A.L.R.3d 738.

Liability of independent accountant to investors or shareholders, 46 A.L.R.3d 979, 48 A.L.R.5th 389.

Liability of water supplier for damages resulting from furnishing impure water, 54 A.L.R.3d 936.

Recovery for mental anguish or emotional distress, absent independent physical injury, consequent upon breach of contract in connection with sale of real property, 61 A.L.R.3d 922.

Modern status of landlord's tort liability for injury or death of tenant or third person caused by dangerous condition of premises, 64 A.L.R.3d 339.

Liability of insurance broker or agent to insured for failure to procure insurance, 64 A.L.R.3d 398.

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

Liability of insurance agent or broker on ground of inadequacy of liability insurance coverage procured, 72 A.L.R.3d 704.

Liability of insurance agent or broker on ground of inadequacy of life, health, and accident insurance coverage procured, 72 A.L.R.3d 735.

Liability of insurance agent or broker on ground of inadequacy of property insurance coverage procured, 72 A.L.R.3d 747.

Duty of contractor to warn owner of defects in subsurface conditions, 73 A.L.R.3d 1213.

Liability of owner or operator of theatre or other amusement to patron assaulted by another patron, 75 A.L.R.3d 441.

Liability of bank, to other than party whose financial condition is misrepresented, for erroneous credit information furnished by bank or its directors, officers, or employees, 77 A.L.R.3d 6.

Liability of bank in connection with night depository service, 77 A.L.R.3d 597.

Attorney's liability for negligence in cases involving domestic relations, 78 A.L.R.3d 255.

Liability of one who induces termination of employment of another by threatening to end own contractual relationship with employer, 79 A.L.R.3d 672.

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

Liability of swimming facility operator for injury or death allegedly resulting from defects of diving board, slide, or other swimming pool equipment, 85 A.L.R.3d 849.

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.

Legal malpractice by permitting statutory time limitation to run against client's claim, 90 A.L.R.3d 293.

Accountant's malpractice liability to client, 92 A.L.R.3d 396.

Liability of manufacturer or seller for injury or death allegedly caused by failure to warn regarding danger in use of vaccine or prescription drug, 94 A.L.R.3d 748.

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

Liability of common carrier for personal injury or death of passenger occasioned by inhalation of gases or fumes from exhaust, 99 A.L.R.3d 751.

Telephone company's liability for disclosure of number or address of subscriber holding unlisted number, 1 A.L.R.4th 218.

Liability of university, college, or other school for failure to protect student from crime, 1 A.L.R.4th 1099.

Tort liability of public schools and institutions of higher learning for educational malpractice, 1 A.L.R.4th 1139.

Liability of wharf owner or operator for personal injuries to invitees or licensees resulting from condition of premises or operation of equipment, 34 A.L.R.4th 572.

Liability of employer with regard to inherently dangerous work for injuries to employees of independent contractor, 34 A.L.R.4th 914.

Insurer's tort liability for wrongful or negligent issuance of life policy, 37 A.L.R.4th 972.

Liability of telephone company for mistakes in or omissions from its directory, 47 A.L.R.4th 882.

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

Breach of assumed duty to inspect property as ground for liability to third party, 13 A.L.R.5th 289.