2021 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-9. Recovery for Torts to Self, Wife, Child, Ward, or Servant

Every person may recover for torts committed to himself, his wife, his child, his ward, or his servant.

(Orig. Code 1863, § 2903; Code 1868, § 2909; Code 1873, § 2960; Code 1882, § 2960; Civil Code 1895, § 3816; Civil Code 1910, § 4412; Code 1933, § 105-107.)

- For note advocating recognition of interspousal tort actions for personal injuries during coverture, see 14 Mercer L. Rev. 434 (1963). For note, "Torts - Parental Immunity in a Modern Perspective," see 4 Ga. St. B. J. 142 (1967). For note tracing the development in the United States and Australia of recovery for negligently inflicted mental distress arising from peril or injury to another, see 26 Emory L.J. 647 (1977). For comment criticizing McDade v. West, 80 Ga. App. 481, 56 S.E.2d 299 (1949), and the former common-law rule denying the wife an action for loss of consortium, see 1 Mercer L. Rev. 316 (1950). For comment suggesting grant of right of action to wife for loss of consortium with husband, in light of McDade v. West, 80 Ga. App. 481, 56 S.E.2d 299 (1949), see 12 Ga. B. J. 330 (1950). For comment on Brown v. Georgia Tenn. Coaches, Inc., 88 Ga. App. 519, 77 S.E.2d 24 (1953), allowing wife's recovery for loss of consortium of husband which resulted from personal injuries to him caused by defendant's negligence, see 16 Ga. B. J. 335 (1954). 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 discussing trend toward allowance of a wrongful death action for death of an unborn child, see 1 Ga. St. B. J. 508 (1968). For comment suggesting reconsideration of Georgia's parental immunity doctrine in light of Gibson v. Gibson, 3 Cal. 3d 909, 92 Cal. Rptr. 288, 479 P.2d 648 (1971), see 22 Mercer L. Rev. 803 (1971).

ANALYSIS

• General Consideration
• Torts to Wife
• Torts to Child
• Torts to Servant

Question of whether child of two years is capable of rendering valuable services to parents is, in the case of doubt, for the jury. 1948-49 Op. Att'y Gen. p. 617.

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Employment Relationships, § 355. 59 Am. Jur. 2d, Parent and Child, § 112 et seq.

- 41 C.J.S., Husband and Wife, § 239 et seq. 67A C.J.S., Parent and Child, § 350 et seq.

- Liability for misrepresenting age of child to one who, having employed a child below employable age, has incurred liability for injury to him, 1 A.L.R. 302.

Necessity of obtaining the husband's consent to operation on wife, 4 A.L.R. 1531.

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

Right of one spouse to enjoin torts of other, 9 A.L.R. 1066.

Avoidance of infant's release of damages for personal tort, 13 A.L.R. 402.

Duty of carrier to guard young children against danger of falling from car, 28 A.L.R. 1035.

What items of damage on account of personal injury to infant belong to him and what to parent, 37 A.L.R. 11; 32 A.L.R.2d 1060.

Liability of person acting under authority of one spouse for injury to other spouse, 57 A.L.R. 755.

Right to recover for death of, or injury to, servant due to his conscious exposure in attempt to save property, 61 A.L.R. 579.

Fiction of loss of services as a condition of action for abduction of child, 72 A.L.R. 847.

Act or omission which would not support an action for damages by person injured as ground of action by parent or spouse for consequential damages, 94 A.L.R. 1211.

Action by one person for consequential damages on account of injury to another as one for bodily or personal injury within statute of limitations, 108 A.L.R. 525.

Authority of next friend or guardian ad litem, or of attorney employed by him, to receive payment or acknowledge satisfaction of judgment in favor of infant, 111 A.L.R. 686.

Husband's right to damages for loss of consortium due to personal injury to wife, 133 A.L.R. 1156.

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 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.

What items of damage on account of personal injury to infant belong to him, and what to parent, 32 A.L.R.2d 1060.

Spouse's cause of action for negligent personal injury as separate or community property, 35 A.L.R.2d 1199.

Right of wife to recover in individual capacity for medical expenses of husband injured by third person's negligence, 42 A.L.R.2d 843.

Employer's right of action against third person tortiously killing or injuring employee, 57 A.L.R.2d 802.

Right of parent or representatives to maintain tort action against minor child, 60 A.L.R.2d 1284; 62 A.L.R.3d 1284.

Truant or attendance officer's liability for assault and battery or false imprisonment, 62 A.L.R.2d 1328.

Liability of landlord to tenant or member of tenant's family, for injury by animal or insect, 67 A.L.R.2d 1005.

Right of recovery over by means of subrogation or similar theory, against a third-person tort-feasor, of an employer who has paid salary, wages, sick leave pay, medical expenses, or the like, to or for an injured employee, 70 A.L.R.2d 475.

Family relationship other than that of parent and child or husband and wife between tort-feasor and person injured or killed as affecting right to maintain action, 81 A.L.R.2d 1155.

Injured child's subsequent marriage to tort-feasor as barring parent's action for medical expense, loss of service, and the like, 91 A.L.R.2d 910.

Fact that tort-feasor is member of class of beneficiaries as affecting right to maintain action for wrongful death, 95 A.L.R.2d 585.

Conflict of laws as to right of action between husband and wife or parent and child, 96 A.L.R.2d 973.

Judgment in spouses' action for personal injuries as binding, as regards loss of consortium and similar resulting damage, upon other spouse not a party to the action, 12 A.L.R.3d 933.

Medical expenses due to injury to wife as recoverable by her or by husband, 21 A.L.R.3d 1113.

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.

Admissibility of evidence of family circumstances of parties in personal injury actions, 37 A.L.R.3d 1082.

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

Conflict of laws as to right of action for loss of consortium, 46 A.L.R.3d 880.

Death action by or in favor of parent against unemancipated child, 62 A.L.R.3d 1299.

Measure and elements of damages in wife's action for loss of consortium, 74 A.L.R.3d 805.

Right of professional corporation to recover damages based on injury or death of attorney or doctor associate, 74 A.L.R.3d 1129.

Carrier's liability for injury or death of infant passenger as affected by fact that child was in custody of parent or other adult, 74 A.L.R.3d 1171.

Action against parent by or on behalf of unemancipated minor child for wrongful death of other parent, 87 A.L.R.3d 849.

Liability for child's personal injuries or death resulting from tort committed against child's mother before child was conceived, 91 A.L.R.3d 316.

Modern status of interspousal tort immunity in personal injury and wrongful death actions, 92 A.L.R.3d 901.

Judgment in death action as precluding subsequent personal injury action by potential beneficiary of death action, or vice versa, 94 A.L.R.3d 676.

Employer's right of action for loss of services or the like against third person tortiously killing or injuring employee, 4 A.L.R.4th 504.

Recovery for loss of consortium for injury occurring prior to marriage, 5 A.L.R.4th 300.

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

Child's right of action for loss of support, training, parental attention, or the like, against a third person negligently injuring parent, 11 A.L.R.4th 549.

Injured party's release of tort-feasor as barring spouse's action for loss of consortium, 29 A.L.R.4th 1200.

Action for loss of consortium based on nonmarital cohabitation, 40 A.L.R.4th 553.

Sexual child abuser's civil liability to child's parent, 54 A.L.R.4th 93.

Parent's right to recover for loss of consortium in connection with injury to child, 54 A.L.R.4th 112.

When must loss-of-consortium claim be joined with underlying personal injury claim, 60 A.L.R.4th 1174.

Excessiveness or adequacy of damages awarded for noneconomic loss caused by personal injury or death of spouse, 61 A.L.R.4th 309.

Recoverability of compensatory damages for mental anguish or emotional distress for tortiously causing another's birth, 74 A.L.R.4th 798.

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

Infliction of emotional distress: toxic exposure, 6 A.L.R.5th 162.

Liability of insurer, or insurance agent or adjuster, for infliction of emotional distress, 6 A.L.R.5th 297.

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

Action by or on behalf of minor child, or presumed minor child, for loss of parental consortium - impact of other legal concepts and theories of recovery, 6 A.L.R.7th 4.

Action by or on behalf of minor child, or presumed minor child, for loss of parental consortium - proof, evidentiary considerations, limits of recovery, parties, 5 A.L.R.7th 4.

Action by or on behalf of minor child, or presumed minor child, for loss of parental consortium - general considerations, 4 A.L.R.7th 1.