2021 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

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.