2021 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 2 - Specific Periods of Limitation
§ 9-3-33. Injuries to the Person; Injuries to Reputation; Loss of Consortium; Exception

Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

(Laws 1767, Cobb's 1851 Digest, p. 562; Laws 1805, Cobb's 1851 Digest, p. 564; Ga. L. 1855-56, p. 233, § 5; Code 1863, § 2992; Code 1868, § 3005; Code 1873, § 3060; Code 1882, § 3060; Civil Code 1895, § 3900; Civil Code 1910, § 4497; Code 1933, § 3-1004; Ga. L. 1964, p. 763, § 1; Ga. L. 2015, p. 675, § 2-1/SB 8.)

The 2015 amendment, effective July 1, 2015, substituted "Except as otherwise provided in this article, actions" for "Actions" at the beginning of this Code section.

- Ga. L. 2015, p. 675, § 1-1/SB 8, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Safe Harbor/Rachel's Law Act.'"

Ga. L. 2015, p. 675, § 1-2/SB 8, not codified by the General Assembly, provides: "(a) The General Assembly finds that arresting, prosecuting, and incarcerating victimized children serves to retraumatize children and increases their feelings of low self-esteem, making the process of recovery more difficult. The General Assembly acknowledges that both federal and state laws recognize that sexually exploited children are the victims of crime and should be treated as victims. The General Assembly finds that sexually exploited children deserve the protection of child welfare services, including family support, crisis intervention, counseling, and emergency housing services. The General Assembly finds that it is necessary and appropriate to adopt uniform and reasonable assessments and regulations to help address the deleterious secondary effects, including but not limited to, prostitution and sexual exploitation of children, associated with adult entertainment establishments that allow the sale, possession, or consumption of alcohol on premises and that provide to their patrons performances and interaction involving various forms of nudity. The General Assembly finds that a correlation exists between adult live entertainment establishments and the sexual exploitation of children. The General Assembly finds that adult live entertainment establishments present a point of access for children to come into contact with individuals seeking to sexually exploit children. The General Assembly further finds that individuals seeking to exploit children utilize adult live entertainment establishments as a means of locating children for the purpose of sexual exploitation. The General Assembly acknowledges that many local governments in this state and in other states found deleterious secondary effects of adult entertainment establishments are exacerbated by the sale, possession, or consumption of alcohol in such establishments.

"(b) The purpose of this Act is to protect a child from further victimization after he or she is discovered to be a sexually exploited child by ensuring that a child protective response is in place in this state. The purpose and intended effect of this Act in imposing assessments and regulations on adult entertainment establishments is not to impose a restriction on the content or reasonable access to any materials or performances protected by the First Amendment of the United States Constitution or Article I, Section I, Paragraph V of the Constitution of this state."

- For article, "Actions for Wrongful Death in Georgia: Part Two," section two, see 20 Ga. B.J. 152 (1957). For article discussing aspects of third party practice (impleader) under the Georgia Civil Practice Act (Ch. 11 of this title), see 4 Ga. St. B.J. 355 (1968). For survey article on insurance, see 34 Mercer L. Rev. 177 (1982). For survey article on torts, see 34 Mercer L. Rev. 271 (1982). For survey article on workers' compensation, see 34 Mercer L. Rev. 335 (1982). For article, "Latent Injuries and the Statute of Limitations: A New Rule Emerges in Georgia," see 19 Ga. St. B.J. 12 (1982). For survey of Eleventh Circuit cases on trial practice and procedure, see 39 Mercer L. Rev. 1307 (1988). For annual survey of law of torts, see 56 Mercer L. Rev. 415 (2004). For survey article on product liability law, see 59 Mercer L. Rev. 331 (2007). For survey article on local government law, see 60 Mercer L. Rev. 263 (2008). For annual survey on product liability, see 61 Mercer L. Rev. 267 (2009). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 43 (2015). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 63 (2019). For note, "Taking a Toll on the Equities: Governing the Effect of the PLRA'S Exhaustion Requirements on State Statutes of Limitations," 47 Ga. L. Rev. 1321 (2013). For note, "I Tolled You I Had More Time!: The Future of Tolling Looks Bright for Crime Victims, as the Georgia Court of Appeals Establishes New Meaning of O.C.G.A. § 9-3-99," see 68 Mercer L. Rev. 557 (2017). For comment on Schimmel v. Greenway, 107 Ga. App. 257, 129 S.E.2d 542 (1963), see 14 Mercer L. Rev. 444 (1963). For comment, "Strict Liability Actions - Which Statute of Limitations?," see 31 Mercer L. Rev. 773 (1980). For comment, "Accrual and Unusual? Calibrating the Statute of Limitations on Section 1983 Method-of-Execution Challenges," see 62 Emory L.J. 407 (2012).

ANALYSIS

• General Consideration
• Injuries to Person
• Injuries to Reputation
• Claim for Damage to Reputation Barred
• Loss of Consortium
• Running of Limitations

Commissioner of Offender Rehabilitation should maintain all records related to possible tort actions for at least two years after a possible tort occurs. 1972 Op. Att'y Gen. No. 72-75.

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Husband and Wife, §§ 7, 212 et seq., 226. 50 Am. Jur. 2d, Libel and Slander, § 404 et seq. 51 Am. Jur. 2d, Limitation of Actions, §§ 142 et seq., 167.

Slander of Title, 7 POF2d 133.

Discovery Date in Medical Malpractice Litigation, 26 POF3d 185.

- 54 C.J.S., Limitations of Actions, §§ 97, 197 et seq.

- Subsequent denial of liability following promise or negotiations as affecting contractual limitation for action upon insurance policy, 3 A.L.R. 218.

Right of one who has acted for another to recover for damage to reputation or business in consequence of the latter's failure to keep his engagements with third persons, 42 A.L.R. 1094.

When statute of limitations commences to run against action against one who has misrepresented or exceeded his authority to contract for another, 64 A.L.R. 1194.

Provision of death statute as to time of bringing action as a condition of the right of action or as a mere statute of limitations, 67 A.L.R. 1070.

Delay in procuring appointment of personal representative of deceased or of person causing his death in event of latter's death, as extending period for bringing an action for death, 70 A.L.R. 472.

Complaint or declaration which fails to allege that action for wrongful death was brought within statutory period, or affirmatively shows that it was not, as subject to demurrer, 107 A.L.R. 1048.

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.

Expiration of time within which action could have been brought on original cause of action, if not released, as bar to action which seeks to avoid release because of fraud or mistake and recover on original cause or for loss of value of original cause, 120 A.L.R. 1500.

Statute of limitations applicable to action for slander of title, 131 A.L.R. 837.

Exceptions attaching to limitation prescribed by death statutes or survival statutes allowing recovery of damages for death, 132 A.L.R. 292.

Amendment of complaint or declaration by setting up death statute after expiration of period to which action is limited by the death statute or by the statute of limitations, 134 A.L.R. 779.

Action for "injury to person" in statutes relating to notice or limitation as including actions ex contractu, 157 A.L.R. 763.

Workmen's compensation: time and jurisdiction for review, reopening, modification, or reinstatement of award or agreement, 165 A.L.R. 9.

Limitation applicable to action for personal injury as affecting action for death resulting from injury, 167 A.L.R. 894.

When statute of limitations begins to run against action for loss of services or consortium, 173 A.L.R. 750.

When limitation period begins to run against cause of action or claim for contracting of disease, 11 A.L.R.2d 277.

Action by passenger against carrier for personal injuries as based on contract or on tort, with respect to application of statutes of limitation, 20 A.L.R.2d 331.

Statute of limitations applicable to action, by way of subrogation or the like, by employer or insurance carrier against third person for injury to employee, 41 A.L.R.2d 1044.

When statute of limitations begins to run against action for false imprisonment or false arrest, 49 A.L.R.2d 922.

Death action against municipal corporation as subject to statute of limitations governing wrongful death actions or that governing actions against a municipality for injury to person or property, 53 A.L.R.2d 1068.

What statute of limitations, in the absence of an express provision as to such tort, governs an action for malicious prosecution, 70 A.L.R.2d 1088.

Scope of limitation statutes specifically governing assault and battery, 90 A.L.R.2d 1230.

Time limitations on nonstatutory actions for maritime personal injuries, 91 A.L.R.2d 1417.

When statute of limitations begins to run against action for abuse of process, 1 A.L.R.3d 953.

What 12-month period constitutes "year" or "calendar year" as used in public enactment, contract, or other written instrument, 5 A.L.R.3d 584.

What statute of limitations governs action for malicious use of process or abuse of process, in the absence of an express provision for such tort, 10 A.L.R.3d 533.

Accrual of cause of action and tolling of limitation period of § 6 of the Federal Employers' Liability Act (45 USC § 56), 16 A.L.R.3d 637.

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.

What constitutes "publication" of libel in order to start running of period of limitations, 42 A.L.R.3d 807.

Tolling or interruption of running of statute of limitations pending appointment of executor or administrator for tortfeasor in personal injury or death action, 47 A.L.R.3d 179.

Waiver or loss of right of privacy, 57 A.L.R.3d 16.

When statute of limitations commences to run against claim for contribution or indemnity based on tort, 57 A.L.R.3d 867.

What statute of limitations applies to action for contribution against joint tort-feasors, 57 A.L.R.3d 927.

Effect of injured employee's proceeding for workmen's compensation benefits on running of statute of limitations governing action for personal injury arising from same incident, 71 A.L.R.3d 849.

Tort claim against which period of statute of limitations has run as subject of setoff, counterclaim, cross bill, or cross action in tort action arising out of same accident or incident, 72 A.L.R.3d 1065.

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

Minority of surviving children as tolling limitation period in state wrongful death action, 85 A.L.R.3d 162.

Products liability: what statute of limitations governs actions based on strict liability in tort, 91 A.L.R.3d 455.

When does statute of limitations begin to run upon an action by subrogated insurer against third-party tortfeasor, 91 A.L.R.3d 844.

Statute of limitations: running of statute of limitations on products liability claim against manufacturer as affected by plaintiff's lack of knowledge of defect allegedly causing personal injury or disease, 91 A.L.R.3d 991.

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.

What statute of limitations governs damage action against attorney for malpractice, 2 A.L.R.4th 284.

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

Actual notice or knowledge by governmental body or officer of injury or incident resulting in injury as constituting required claim or notice of claim for injury - modern status, 7 A.L.R.4th 1063.

What statute of limitations applies to actions for personal injuries based on breach of implied warranty under UCC provisions governing sales, 20 A.L.R.4th 915.

Limitation of actions: invasion of right of privacy, 33 A.L.R.4th 479.

When statute of limitations commences to run on automobile no-fault insurance personal injury claim, 36 A.L.R.4th 357.

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

Validity, construction, and application, in nonstatutory personal injury actions, of state statute providing for borrowing of statute of limitations of another state, 41 A.L.R.4th 1025.

Time of discovery as affecting running of statute of limitations in wrongful death action, 49 A.L.R.4th 972.

Application of "discovery rule" to postpone running of limitations against action for damages from assault, 88 A.L.R.4th 1063.

Causes of action governed by limitations period in UCC § 2-725, 49 A.L.R.5th 1.

Attorney malpractice - tolling of other exceptions to running of statute of limitations, 87 A.L.R.5th 473.

Insurance agents or brokers as professionals or nonprofessionals for purposes of malpractice statutes of limitations, 121 A.L.R.5th 365.

Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - motor vehicle accident or injury cases: individual drivers, parents, owners or lessors, and passengers, 97 A.L.R.6th 375.

Application of relation-back doctrine permitting change in party after statute of limitations has run in state court action - motor vehicle accident or injury cases: corporations, municipalities, insurers, and employers, 98 A.L.R.6th 93.

Application of relation-back doctrine permitting change in party after statute of limitations has run in state court action - motor vehicle accident or injury cases: estates, and other or unspecified parties, 99 A.L.R.6th 1.

Tort liability of physician or hospital in connection with organ or tissue transplant procedures, 38 A.L.R.7th Art. 5.