2022 Georgia Code
Title 9 - Civil Practice
Chapter 2 - Actions Generally
Article 3 - Abatement
§ 9-2-41. Nonabatement of Tort Actions; Survival of Cause; No Punitive Damages Against Representative
No action for a tort shall abate by the death of either party, where the wrongdoer received any benefit from the tort complained of; nor shall any action or cause of action for the recovery of damages for homicide, injury to the person, or injury to property abate by the death of either party. The cause of action, in case of the death of the plaintiff and in the event there is no right of survivorship in any other person, shall survive to the personal representative of the deceased plaintiff. In case of the death of the defendant, the cause of action shall survive against said defendant’s personal representative. However, in the event of the death of the wrongdoer before an action has been brought against him, the personal representative of the wrongdoer in such capacity shall be subject to the action just as the wrongdoer himself would have been during his life, provided that there shall be no punitive damages against the personal representative.
History. Orig. Code 1863, § 2909; Code 1868, § 2916; Code 1873, § 2967; Code 1882, § 2967; Ga. L. 1889, p. 73, § 1; Civil Code 1895, § 3825; Civil Code 1910, § 4421; Code 1933, § 3-505; Ga. L. 1935, p. 94, § 1; Ga. L. 1952, p. 224, § 1.
Law reviews.
For article advocating protection of property rights of deceased injured party by means of survival statute, prior to revision of this Code section in 1952, see 14 Ga. B.J. 40 (1951).
For article, “Actions for Wrongful Death in Georgia: Part One,” see 19 Ga. B.J. 277 (1957).
For article, “Actions for Wrongful Death in Georgia: Part Two,” see 19 Ga. B.J. 439 (1957).
For article, “Actions for Wrongful Death in Georgia: Part Two,” Section Two, see 20 Ga. B.J. 152 (1957).
For comment on Barnwell v. Cordle, 438 F.2d 236 (5th Cir. 1971), refusing to apply doctrine of parental immunity to suit brought by minor against father’s estate, see 8 Ga. St. B.J. 544 (1972).
For article, “The Discount Rate in Georgia Personal Injury and Wrongful Death Damage Calculations,” see 13 Ga. St. U.L. Rev. 431 (1997).
For survey article on wills, trusts, guardianships, and fiduciary administration, see 59 Mercer L. Rev. 447 (2007).
