2021 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-6. Recovery of Damages Upon Breach of Legal Duty

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 thereby.

(Orig. Code 1863, § 2896; Code 1868, § 2902; Code 1873, § 2953; Code 1882, § 2953; Civil Code 1895, § 3809; Civil Code 1910, § 4405; Code 1933, § 105-103.)

- Liability for acts of intoxicated persons, § 51-1-40.

- For article, "Labor and Employment Law," see 53 Mercer L. Rev. 349 (2001). For annual survey on torts, see 64 Mercer L. Rev. 287 (2012). For article, "2018 Georgia Corporation and Business Organization Case Law Developments,” see 24 Ga. St. B.J. 36 (June 2019). For note, "Spoliating the Adverse Inference Instruction: The Impact of the 2015 Amendment to Federal Rule of Civil Procedure 37(E)," see 51 Ga. L. Rev. 917 (2017). For comment on Buttrum v. Buttrum, 98 Ga. App. 226, 105 S.E.2d 510 (1958), holding that an unemancipated minor child may maintain an action in tort against a parent for personal injuries provided that it is a willful and malicious act so cruel as to constitute forfeiture of parental authority, see 21 Ga. B. J. 559 (1959). For comment on Cox v. DeJarnette, 104 Ga. App. 664, 123 S.E.2d 16 (1961), allowing recovery in tort from the liability insurance policy of a charity, see 14 Mercer L. Rev. 463 (1963). For comment on Williams v. Hospital Auth., 119 Ga. App. 626, 168 S.E.2d 336 (1969), see 6 Ga. St. B. J. 209 (1969). For comment on Parker v. Vaughan, 124 Ga. App. 300, 183 S.E.2d 605 (1971), see 8 Ga. St. B. J. 244 (1971).

ANALYSIS

• General Consideration
• Applicability to Specific Cases
• Pleading and Practice

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Torts, § 10 et seq.

Intentional Spoliation of Evidence, 18 POF3d 515.

Defense of Claim Brought Under the Americans with Disabilities Act, 49 Am. Jur. Trials 171.

- 86 C.J.S., Torts, § 8 et seq.

- Liability of street railway company to passenger struck by a vehicle not subject to its control, 1 A.L.R. 953; 12 A.L.R. 1371; 31 A.L.R. 572; 44 A.L.R. 162.

Liability for injury to child playing on or in proximity to automobile, 1 A.L.R. 1385; 44 A.L.R. 434.

Liability of one contracting to make repairs for damages from improper performance of the work, 1 A.L.R. 1654; 44 A.L.R. 824.

Liability for damage to other premises from fire in building where inflammable materials are stored, 5 A.L.R. 1378.

Liability of railroad company for interference with fire department while attempting to extinguish fire, 5 A.L.R. 1651.

Violation of statute or ordinance regulating movement of vehicles as affecting violator's right to recover for negligence, 12 A.L.R. 458.

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

Liability for death of, or injury to, one seeking to rescue another, 19 A.L.R. 4; 158 A.L.R. 189; 166 A.L.R. 752.

Question of proximate cause as affecting liability for damages for failure to obtain telephone connection, 19 A.L.R. 1419.

Sense of shame, or other disagreeable emotion on part of female, as essential to an aggravated or indecent assault, 27 A.L.R. 859.

Purpose in starting business to injure another as ground of action by latter, 27 A.L.R. 1417.

Liability in damages for inducing the discharge of employee, 29 A.L.R. 532.

Liability of one who makes a certificate or report, to third person who acts in reliance thereon, 34 A.L.R. 67; 68 A.L.R. 375.

Applicability to civil case of provision of penal statute creating a presumption of prima facie case, 43 A.L.R. 959.

Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 43 A.L.R. 1153; 54 A.L.R. 374; 58 A.L.R. 532; 61 A.L.R. 1190; 78 A.L.R. 1028; 87 A.L.R. 1469; 111 A.L.R. 1258; 163 A.L.R. 1375.

Liability for damage or injury by contact with structure above the surface of the street or highway, 46 A.L.R. 943; 49 A.L.R. 993.

Duty of public utility to notify patron in advance of temporary suspension of service, 52 A.L.R. 1078.

Liability of one creating dangerous condition in street or highway as affected by removal of the safeguard by a third person, 62 A.L.R. 500.

Liability of carrier for injury to own passenger on its line through negligence of another carrier permitted to use its tracks, 74 A.L.R. 1178.

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.

Liability for leaving contract forms accessible to stranger who, by forgery, gives such forms apparent authenticity as completed contracts, 85 A.L.R. 83.

Civil liability of bank officer or director permitting deposit after insolvency of bank, 87 A.L.R. 1402.

Increase in insurance rates or loss of opportunity to obtain insurance in consequence of another's tort as ground of liability, 92 A.L.R. 1205.

Liability of municipality for injury or damage by automobile colliding with temporary obstruction in connection with alteration or repair of street, 100 A.L.R. 1386.

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.

Liability for injury to child by automobile left unattended in street or highway, 140 A.L.R. 538.

Civil and criminal liability of soldiers, sailors, and militiamen, 143 A.L.R. 1530.

Unauthorized prosecution of suit in name of another as ground of action in tort, 146 A.L.R. 1125.

Rights and remedies as between originator of uncopyrighted advertising plan or slogan, or his assignee, and another who uses or infringes the same, 157 A.L.R. 1436.

Liability for injury as affected by interference by outside agency with object, other than automobile, abandoned or temporarily left in public street or park, 158 A.L.R. 880.

Liability of irrigation district for damages, 160 A.L.R. 1165.

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 publisher for mistake in advertisement, 10 A.L.R.2d 686.

Duty and liability of carrier to intoxicated passenger while en route, 17 A.L.R.2d 1085.

Liability of parent or person in loco parentis for personal tort against minor child, 19 A.L.R.2d 423; 41 A.L.R.3d 904.

Liability for injury to property occasioned by oil, water, or the like flowing from well, 19 A.L.R.2d 1025.

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.

Liability of gas company for injury or damage due to defects in service lines on consumer's premises, 26 A.L.R.2d 136.

Seller's or manufacturer's liability for injuries as affected by buyer's or user's allergy or unusual susceptibility to injury from article, 26 A.L.R.2d 963.

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

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

Duty of landowner to erect fence or other device to deter trespassing children from entering third person's property on which dangerous condition exists, 39 A.L.R.2d 1452.

Liability of architect or engineer for improper issuance of certificate, 43 A.L.R.2d 1227.

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

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

Right to damages for exclusion from membership in social or fraternal organization, 59 A.L.R.2d 1290.

Duty and liability of vehicle drivers within parking lot, 62 A.L.R.2d 288.

Liability and suability, in negligence action, of state highway, toll road, or turnpike authority, 62 A.L.R.2d 1222.

Liability of owner or operator to adult trespasser in or on motor vehicle or equipment, 65 A.L.R.2d 798.

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

Liability to patron of scenic railway, roller coaster, or miniature railway, 66 A.L.R.2d 689.

Liability of person permitting child to have gun, or leaving gun accessible to child, for injury inflicted by the latter, 68 A.L.R.2d 782.

Amusements: liability for injury from slide or chute, 69 A.L.R.2d 1067.

Liability for injury or damage from escaping refrigerant, 74 A.L.R.2d 894.

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

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

Soldiers' and Sailors' Civil Relief Act of 1940, as amended, as affecting negligence actions, 75 A.L.R.2d 1062.

Liability of manufacturer or seller for injury caused by domestic or industrial soaps, detergents, cleansers, polishes, and the like, 79 A.L.R.2d 482.

Liability for property damage caused by vibrations, or the like, without blasting or explosion, 79 A.L.R.2d 966.

Railroad's liability for crossing collision as affected by fact that train or engine was backing or engine was pushing train, 85 A.L.R.2d 267.

Modern status of rule requiring actual knowledge of latent defect in leased premises as prerequisite to landlord's liability to tenant injured thereby, 88 A.L.R.2d 586.

Liability of owner or operator of theater or other place of amusement to patron injured by condition of or defect in lavatory, restroom, or toilet facilities, 88 A.L.R.2d 1090.

Failure of signaling device at crossing to operate, as affecting railroad company's liability, 90 A.L.R.2d 350.

Liability for failure to rescue seaman who has gone overboard, 91 A.L.R.2d 1032.

Duty of proprietor toward visitor upon premises on private business with or errand or work for employee, 94 A.L.R.2d 6.

Tests of causation under Federal Employers' Liability Act or Jones Act, 98 A.L.R.2d 653.

Liability of owner or operator of automobile for injury to one assisting in extricating or starting his stalled or ditched car, 3 A.L.R.3d 780.

Receiver's personal liability for negligence in failing to care for or maintain property in receivership, 20 A.L.R.3d 967.

Liability for injury or death of child social guest, 20 A.L.R.3d 1127.

Invasion of privacy by use of plaintiff's name or likeness in advertising, 23 A.L.R.3d 865.

Employer's misrepresentation as to prospect, or duration, of employment as actionable fraud, 24 A.L.R.3d 1412.

Premises liability: Proceeding in the dark on inside steps or stairs as contributory negligence, 25 A.L.R.3d 446.

Liability in tort for interference with attorney-client or physician-patient relationship, 26 A.L.R.3d 679.

Bailee's duty to insure bailed property, 28 A.L.R.3d 513.

Liability of corporate directors or officers for negligence in permitting conversion of property of third persons by corporation, 29 A.L.R.3d 660.

Right to recover damages in negligence for fear of injury to another, or shock or mental anguish at witnessing such injury, 29 A.L.R.3d 1337.

Application of rule of strict liability in tort to person rendering services, 29 A.L.R.3d 1425; 100 A.L.R.3d 1205.

Liability in connection with fire or explosion incident to bulk storage, transportation, delivery, loading, or unloading of petroleum products, 32 A.L.R.3d 1169.

Public disclosure of person's indebtedness as invasion of privacy, 33 A.L.R.3d 154.

Duty of one other than carrier or employer to render assistance to one for whose initial injury he is not liable, 33 A.L.R.3d 301.

Landlord's liability for damage to tenant's property caused by water, 35 A.L.R.3d 143.

Modern status of the rule absolving a possessor of land of liability to those coming thereon for harm caused by dangerous physical conditions of which the injured party knew and realized the risk, 35 A.L.R.3d 230.

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

Aviation: helicopter accidents, 35 A.L.R.3d 707.

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.

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.

Liability for injury consequent upon spraying or dusting of crop, 37 A.L.R.3d 833.

Liability of product endorser or certifier for product-cause injury, 39 A.L.R.3d 181.

Landowner's right to relief against pollution of his water supply by industrial or commercial waste, 39 A.L.R.3d 910.

Liability for alleged negligence of independent servicer or repairer of aircraft, 41 A.L.R.3d 1320.

Landlord's liability for failure to protect tenant from criminal activities of third persons, 43 A.L.R.5th 207.

Liability of public accountant to third parties, 46 A.L.R.3d 979.

Liability in damages for withholding corpse from relatives, 48 A.L.R.3d 240.

Civil liability of undertaker in connection with embalming or preparation of body for burial, 48 A.L.R.3d 261.

Employer's knowledge of employee's past criminal record as affecting liability for employee's tortious conduct, 48 A.L.R.3d 359.

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

Liability of oil and gas lessee or operator for injuries to or death of livestock, 51 A.L.R.3d 304.

Liability for damage to highway or bridge caused by size or weight of motor vehicle or load, 53 A.L.R.3d 1035, 31 A.L.R.5th 171.

Unsolicited mailing, distribution, house call, or telephone call as invasion of privacy, 56 A.L.R.3d 457.

Liability of hospital, other than mental institution, for suicide of patient, 60 A.L.R.3d 880.

Tort or statutory liability for failure or refusal of witness to give testimony, 61 A.L.R.3d 1297.

May action for malicious prosecution be predicated on defense or counterclaim in civil suit, 65 A.L.R.3d 901.

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 hospital or similar institution for giving erroneous notification of patient's death, 77 A.L.R.3d 501.

Violation of OSHA regulation as affecting tort liability, 79 A.L.R.3d 962.

Liability of estate for tort of executor, administrator, or trustee, 82 A.L.R.3d 892.

Tort liability for wrongfully causing one to be born, 83 A.L.R.3d 15; 74 A.L.R.4th 798.

Liability of one treating mentally afflicted patient for failure to warn or protect third persons threatened by patient, 83 A.L.R.3d 1201.

Publication of address as well as name of person as invasion of privacy, 84 A.L.R.3d 1159.

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

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

Liability for interference with lease, 96 A.L.R.3d 862.

Liability for interference with invalid or unenforceable contracts, 96 A.L.R.3d 1294.

Common-law right of action for damage sustained by plaintiff in consequence of sale or gift of intoxicating liquor or habit-forming drug to another, 97 A.L.R.3d 528; 62 A.L.R.4th 16.

Liability for negligently causing arrest or prosecution of another, 99 A.L.R.3d 1113.

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

Liability of parent for injury to unemancipated child caused by parent's negligence--modern cases, 6 A.L.R.4th 1066.

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

Liability to adult social guest injured otherwise than by condition of premises, 38 A.L.R.4th 200.

Modern status of intentional infliction of mental distress as independent tort; "outrage", 38 A.L.R.4th 998.

State's liability to one injured by improperly licensed driver, 41 A.L.R.4th 111.

Personal injury or property damage caused by lightning as basis of tort liability, 46 A.L.R.4th 1170.

Social host's liability for injuries incurred by third parties as a result of intoxicated guest's negligence, 62 A.L.R.4th 16.

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.

Intentional spoliation of evidence, interfering with prospective civil action, as actionable, 70 A.L.R.4th 984.

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.

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

Violation of governmental regulations as to conditions and facilities of swimming pools as affecting liability in negligence, 79 A.L.R.4th 461.

Liability for interference with physician-patient relationship, 87 A.L.R.4th 845.

Liability in tort for interference with attorney-client relationship, 90 A.L.R.4th 621.

Franchisor's tort liability for injuries allegedly caused by assault or other criminal activity on or near franchise premises, 2 A.L.R.5th 369.

Liability of travel publication, travel agent, or similar party for personal injury or death of traveler, 2 A.L.R.5th 396.

Application of statute of limitations to actions for breach of duty in performing services of public accountant, 7 A.L.R.5th 852.

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

Motorist's liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle, 14 A.L.R.5th 193.

Financing agency's liability to purchaser of new home or structure for consequences of construction defects, 20 A.L.R.5th 499.

Liability for injury to customer from object projecting into aisle or passageway in store, 40 A.L.R.5th 135.

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

Social host's liability for death or injuries incurred by person to whom alcohol was served, 54 A.L.R.5th 313.

Recovery for emotional distress based on fear of contracting HIV or AIDS, 59 A.L.R.5th 535.

Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress - ethnic, racial, or religious harassment or discrimination, 19 A.L.R.6th 1.

Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress - sexual harassment, sexual discrimination, or accusations concerning sexual conduct or orientation, 20 A.L.R.6th 1.

Invasion of privacy by use of plaintiff's name or likeness in advertising - Consent and waiver, 13 A.L.R.7th 4.

What constitutes "service animal" and accommodation thereof, under Americans with Disabilities Act (ADA), 75 A.L.R. Fed. 2d 49.