2021 Georgia Code
Title 51 - Torts
Chapter 12 - Damages
Article 1 - General Provisions
§ 51-12-5. Additional Damages for Aggravating Circumstances

1. In a tort action in which there are aggravating circumstances, in either the act or the intention, the jury may give additional damages to deter the wrongdoer from repeating the trespass or as compensation for the wounded feelings of the plaintiff.
2. This Code section shall apply only to causes of action for torts arising before July 1, 1987.

(Orig. Code 1863, § 2998; Code 1868, § 3011; Code 1873, § 3066; Code 1882, § 3066; Civil Code 1895, § 3906; Civil Code 1910, § 4503; Code 1933, § 105-2002; Ga. L. 1987, p. 915, § 4.)

- Punitive damages, § 51-12-5.1.

- For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For article, "Punitive Damages - Their Permissible Scope," see 19 Ga. St. B. J. 118 (1983). For article discussing damages in an excess liability action, "The Liability Insurance Policy - Above and Beyond Coverage: Extra-Contractual Rights and Duties," see 22 Ga. State Bar J. 137 (1986). For article, "The Torok Tort: Recovery for Abusive Litigation," see 23 Ga. St. B. J. 84 (1987). For annual survey of the law of evidence, see 38 Mercer L. Rev. 215 (1986). For article, "Nonjudicial Foreclosures in Georgia Revisited," see 24 Ga. St. B. J. 43 (1987). For article, "Products Liability Law in Georgia Including Recent Developments," see 43 Mercer L. Rev. 27 (1991). For note, "Allowance of Punitive Damages in Products Liability Claims," see 6 Ga. L. Rev. 613 (1972). For comment on Atlanta Journal Co. v. Doyal, 31 Ga. App. 592, 60 S.E.2d 802 (1950), see 13 Ga. B. J. 234 (1950). For comment discussing admissibility of evidence of malice not previously pleaded, in light of Van Gundy v. Wilson, 84 Ga. App. 429, 66 S.E.2d 93 (1951), see 14 Ga. B. J. 358 (1952). For comment on Aderhold v. Zimmer, 86 Ga. App. 204, 71 S.E.2d 270 (1952), see 15 Ga. B. J. 355 (1953). For comment, "Are Excessive Punitive Damages Unconstitutional in Georgia?: This Question and More in Colonial Pipeline Co. v. Brown," see 6 Ga. St. U.L. Rev. 85 (1989).

ANALYSIS

• General Consideration
• Aggravating Circumstances
• Malice or Ill Will
• Pleadings
• Jury Charge
• Jury Determinations
• Applicability to Specific Cases

RESEARCH REFERENCES

Am. Jur. 2d.

- 22 Am. Jur. 2d, Damages, §§ 659 et seq., 806, 807.

- 25 C.J.S., Damages, § 182 et seq.

- Punitive or exemplary damages for assault, 16 A.L.R. 771; 123 A.L.R. 1115.

Liability of druggist for punitive damages, 31 A.L.R. 1362.

Actual damages as a necessary predicate of punitive or exemplary damages, 33 A.L.R. 384; 17 A.L.R.2d 527.

Liability of officer for exemplary or punitive damages in action for false imprisonment, 49 A.L.R. 1386.

Constitutionality of statute permitting punitive damages for personal injury or death, 51 A.L.R. 1379.

Liability of surety on bond of law enforcement officer for punitive or exemplary damages, 64 A.L.R. 934.

Liability of personal representative or receiver of tort-feasor, for punitive damages for which latter would have been liable, 65 A.L.R. 1049.

Excessive speed, not the proximate cause of automobile accident, but which aggravates its consequences, as affecting extent of liability, 66 A.L.R. 1134.

Rule that release of one tort-feasor releases others, as applicable to cause of action which is punitive rather than compensatory in its nature, 85 A.L.R. 1164.

Liability of telegraph company for punitive damages for wrongful or negligent acts of employees as regards messages, 89 A.L.R. 356.

Exemplary or punitive damages as recoverable in action for death, 94 A.L.R. 384.

Test or criterion of gross negligence or other misconduct that will support recovery of exemplary damages for bodily injury or death unintentionally inflicted, 98 A.L.R. 267.

Liability for punitive or exemplary damages or statutory penalty of one intentionally or negligently starting fire which caused an injury to person or property, 104 A.L.R. 412.

Failure to stop or other conduct after automobile accident as supporting claim for exemplary damages, 156 A.L.R. 1115.

Punitive or exemplary damages in action in tort based on fraudulent sale, 165 A.L.R. 614.

Punitive damages for wrongful ejection or rejection of guest from hotel or restaurant, 14 A.L.R.2d 715.

Civil liability for insulting or abusive language not amounting to defamation, 15 A.L.R.2d 108.

Recovery by contractor or artisan, suing for breach of warranty, of damage for loss of good will occasioned by use in his business of unfit materials, 28 A.L.R.2d 591.

Punitive or exemplary damages for conversion of personalty by one other than chattel mortgagee or conditional seller, 54 A.L.R.2d 1361.

Right to punitive or exemplary damages in action for personal injury or death caused by operation of automobile, 62 A.L.R.2d 813.

Appellate court's power to order remittitur of portion of actual damages awarded at trial while sustaining trial award of punitive damages, 97 A.L.R.2d 1145.

Admissibility on defendant's behalf, as matter in mitigation of punitive damages, of evidence to his lack of financial resources, 7 A.L.R.3d 1138.

Financial worth of one or more of several joint defendants as proper matter for consideration in fixing punitive damages, 9 A.L.R.3d 692.

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

Apportionment of punitive or exemplary damages as between joint tortfeasors, 20 A.L.R.3d 666.

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.

Attorneys' fees or other expenses of litigation as element in measuring exemplary or punitive damages, 30 A.L.R.3d 1443.

Punitive damages in actions based on nuisance, 31 A.L.R.3d 1346.

Allowance of punitive damages for invasion of common-law rights in literary property, 40 A.L.R.3d 248.

Damages for wrongful termination of automobile dealership contracts, 54 A.L.R.3d 324.

What constitutes malice sufficient to justify an award of punitive damages in action for wrongful attachment or garnishment, 61 A.L.R.3d 984.

Recoverability of punitive damages in action by insured against liability insurer for failure to settle claim against insured, 85 A.L.R.3d 1211.

Defendant's state of mind necessary or sufficient to warrant award of punitive damages in action for malicious prosecution, 94 A.L.R.3d 791.

Assault: criminal liability as barring or mitigating recovery of punitive damages, 98 A.L.R.3d 870.

Recovery of exemplary or punitive damages from municipal corporation, 1 A.L.R.4th 448.

Liability of surety on private bond for punitive damages, 2 A.L.R.4th 1254.

Propriety of awarding punitive damages to separate plaintiffs bringing successive actions arising out of common incident or circumstances against common defendant or defendants ("one bite" or "first comer" doctrine), 11 A.L.R.4th 1261.

Allowance of punitive damages in products liability case, 13 A.L.R.4th 52.

Excessiveness or adequacy of damages awarded for injuries to, or conditions induced in, sexual organs and processes, 13 A.L.R.4th 183.

Excessiveness or adequacy of damages awarded for injuries to legs and feet, 13 A.L.R.4th 212.

Liability insurance coverage as extending to liability for punitive or exemplary damages, 16 A.L.R.4th 11.

Effect of plaintiff's comparative negligence in reducing punitive damages recoverable, 27 A.L.R.4th 318.

Claim for punitive damages in tort action as surviving death of tortfeasor or person wronged, 30 A.L.R.4th 707.

Necessity of determination or showing of liability for punitive damages before discovery or reception of evidence of defendant's wealth, 32 A.L.R.4th 432.

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

Evidence of defendant's rehabilitation or reformation as relevant on issue of punitive damages, 39 A.L.R.4th 1122.

Sufficiency of showing of actual damages to support award of punitive damages - modern cases, 40 A.L.R.4th 11.

Discovery of defendant's sales, earnings, or profits on issue of punitive damages in tort action, 54 A.L.R.4th 998.

Punitive damages as within coverage of uninsured or underinsured motorist insurance, 54 A.L.R.4th 1186.

Punitive damages: power of equity court to award, 58 A.L.R.4th 844.

Standard of proof as to conduct underlying punitive damage awards - modern status, 58 A.L.R.4th 878.

Plaintiff's rights to punitive or multiple damages when cause of action renders both available, 2 A.L.R.5th 449.

Right to prejudgment interest on punitive or multiple damages awards, 9 A.L.R.5th 63.

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

Intoxication of automobile driver as basis for awarding punitive damages, 33 A.L.R.5th 303.

Allowance of punitive damages in medical malpractice action, 35 A.L.R.5th 145.

Damages for wrongful termination of franchise other than automobile dealership contracts, 40 A.L.R.5th 57.

Products liability: cement and concrete, 60 A.L.R.5th 413.