2021 Georgia Code
Title 51 - Torts
Chapter 12 - Damages
Article 1 - General Provisions
§ 51-12-9. How Remoteness Ascertained

Damages which are the legal and natural result of the act done, though contingent to some extent, are not too remote to be recovered. However, damages traceable to the act, but which are not its legal and natural consequence, are too remote and contingent to be recovered.

(Orig. Code 1863, § 3005; Code 1868, § 3018; Code 1873, § 3073; Code 1882, § 3073; Civil Code 1895, § 3913; Civil Code 1910, § 4510; Code 1933, § 105-2009.)

- For article discussing plaintiff conduct and the emerging doctrine of comparative causation of torts, see 29 Mercer L. Rev. 403 (1978). For article, "Jury Instructions and Proximate Cause: An Uncertain Trumpet in Georgia," see 27 Ga. St. B. J. 60 (1990). 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 Robinson v. Pollard, 131 Ga. App. 105, 205 S.E.2d 86 (1974), holding owner of motor vehicle has no duty to third person injured by intermeddler, see 26 Mercer L. Rev. 373 (1974).

ANALYSIS

• General Consideration
• Proximate Cause
• Applicability to Specific Cases
• Jury Instructions and Decisions

RESEARCH REFERENCES

Am. Jur. 2d.

- 22 Am. Jur. 2d, Damages, § 500.

- 25 C.J.S., Damages, § 36 et seq.

- Liability for loss of property left unprotected when owner was wrongfully arrested, 5 A.L.R. 362.

Right of landowner to recover for personal injuries incidental to trespass on his land, 32 A.L.R. 921.

Liability of carrier which negligently delays transportation or delivery for loss of or damage to goods from causes for which it is not otherwise responsible, 46 A.L.R. 302.

Liability of one who leaves building materials accessible to children for injury to third person by child's act, 62 A.L.R. 833.

Responsibility of negligent driver of automobile or his employer for damages immediately inflicted by another car, 62 A.L.R. 1181.

Negligence causing accident or threatening property damage as proximate cause of injury sustained in an effort to recover the property or avoid damages, 64 A.L.R. 515; 166 A.L.R. 752.

Intervening criminal act as breaking causal chain, 78 A.L.R. 471.

Injury as proximate cause of death where disease intervenes, 79 A.L.R. 351.

Liability of manufacturer or packer of defective article for injury to person or property of ultimate consumer who purchased from a middleman, 88 A.L.R. 527; 105 A.L.R. 1502; 111 A.L.R. 1239; 140 A.L.R. 191, 142 A.L.R. 1490.

Inadequacy of appliance for purpose contemplated by safety appliance act as proximate cause of and ground of liability for injury to employee who was using it for another purpose, 96 A.L.R. 1138.

Sufficiency of instruction on contributory negligence as respects the element of proximate cause, 102 A.L.R. 411.

Damage incident to travel on detour as part of recovery for wrongfully preventing or impeding use of highway, 106 A.L.R. 1305.

Determination of quantum of damages for injury to property recoverable against defendant whose wrong concurred with act of God, 112 A.L.R. 1084.

Admissibility, as against objection of remoteness, of evidence as to past earnings, upon issue as to amount of damages in action for personal injury or death, 130 A.L.R. 164; 81 A.L.R.2d 733.

Foreseeability as an element of negligence and proximate cause, 155 A.L.R. 157; 100 A.L.R.2d 942.

Ejection of passenger as ground of motorbus carrier's liability for subsequent injury or death, 165 A.L.R. 545.

Liability of person furnishing, installing, or maintaining burglar alarm for loss from burglary, 165 A.L.R. 1254.

Negligence causing automobile accident as proximate cause of injury or death resulting from acts done or attempted with reference to person or property involved, 166 A.L.R. 752.

Loss of profits of a business in which plaintiff is interested as a factor in determining damages in action for personal injuries, 12 A.L.R.2d 288.

Negligence causing dazed or stunned condition as proximate cause of injuries occasioned by such condition, 29 A.L.R.2d 690.

Liability of private person negligently causing malfunctioning, removal, or extinguishment of traffic signal or sign for subsequent motor vehicle accident, 64 A.L.R.2d 1364.

Admissibility, as against objection of remoteness, of evidence as to past earnings, upon issue as to amount of damages in action for personal injury or death, 81 A.L.R.2d 733.

Obstruction of sidewalk as proximate cause of injury to pedestrian forced to go into street and there injured, 93 A.L.R.2d 1187.

Foreseeability as an element of negligence and proximate cause, 100 A.L.R.2d 942.

Right of tort-feasor initially causing injury to recover indemnity or contribution from medical attendant causing new injury or aggravating injury in course of treatment, 8 A.L.R.3d 639.

Injury or disability resulting from medical treatment for accident as proximately caused by original accident within coverage of accident or disability insurance, 25 A.L.R.3d 1386.

Proximate cause: liability of tort-feasor for injured person's subsequent injury or reinjury, 31 A.L.R.3d 1000.

Products liability: alteration of product after it leaves hands of manufacturer or seller as affecting liability for product-caused harm, 41 A.L.R.3d 1251.

Profits of business as factor in determining loss of earnings or earning capacity in action for personal injury or death, 45 A.L.R.3d 345.

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.

Recovery of damages for emotional distress resulting from discrimination because of sex or marital status, 61 A.L.R.3d 944.

Proof of causation of intoxication as a prerequisite to recovery under Civil Damage Act, 64 A.L.R.3d 882.

Civil Damage Act: liability of one who furnishes liquor to another for consumption by third parties, for injury caused by consumer, 64 A.L.R.3d 922.

Liability of one causing physical injuries as a result of which injured party attempts or commits suicide, 77 A.L.R.3d 311.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from failure to repair pothole in surface of highway or street, 98 A.L.R.3d 101.

Right of tortfeasor initially causing injury to recover indemnity or contribution from medical attendant aggravating injury or causing new injury in course of treatment, 72 A.L.R.4th 231.

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.

Validity, construction, and application of products liability statute precluding or limiting recovery where product has been altered or modified after leaving hands of manufacturer or seller, 13 A.L.R.7th 8.