When the law requires a person to perform an act for the benefit of another or to refrain from doing an act which may injure another, although no cause of action is given in express terms, the injured party may recover for the breach of such legal duty if he suffers damage thereby.
History. Orig. Code 1863, § 2896; Code 1868, § 2902; Code 1873, § 2953; Code 1882, § 2953; Civil Code 1895, § 3809; Civil Code 1910, § 4405; Code 1933, § 105-103.
Cross references.
Liability for acts of intoxicated persons, § 51-1-40 .
Law reviews.
For comment on Buttrum v. Buttrum, 98 Ga. App. 226 , 105 S.E.2d 510 (1958), holding that an unemancipated minor child may maintain an action in tort against a parent for personal injuries provided that it is a willful and malicious act so cruel as to constitute forfeiture of parental authority, see 21 Ga. B.J. 559 (1959).
For comment on Cox v. DeJarnette, 104 Ga. App. 664 , 123 S.E.2d 16 (1961), allowing recovery in tort from the liability insurance policy of a charity, see 14 Mercer L. Rev. 463 (1963).
For comment on Williams v. Hospital Auth., 119 Ga. App. 626 , 168 S.E.2d 336 (1969), see 6 Ga. St. B. J. 209 (1969).
For comment on Parker v. Vaughan, 124 Ga. App. 300 , 183 S.E.2d 605 (1971), see 8 Ga. St. B. J. 244 (1971).
For article, “Labor and Employment Law,” see 53 Mercer L. Rev. 349 (2001).
For annual survey on torts, see 64 Mercer L. Rev. 287 (2012).
For note, “Spoliating the Adverse Inference Instruction: The Impact of the 2015 Amendment to Federal Rule of Civil Procedure 37(E),” see 51 Ga. L. Rev. 917 (2017).
For article, “2018 Georgia Corporation and Business Organization Case Law Developments,” see 24 Ga. St. B.J. 36 (June 2019).
Structure Georgia Code
Chapter 1 - General Provisions
§ 51-1-2. Ordinary Diligence and Ordinary Negligence Defined
§ 51-1-3. Extraordinary Diligence and Slight Negligence Defined
§ 51-1-4. Slight Diligence and Gross Negligence Defined
§ 51-1-5. Meaning of “Due Care” in Reference to Child of Tender Years
§ 51-1-6. Recovery of Damages Upon Breach of Legal Duty
§ 51-1-7. When Infraction of Public Duty Gives Cause of Action to Individual
§ 51-1-8. Right of Action Arising From Breach of Private Duty
§ 51-1-9. Recovery for Torts to Self, Wife, Child, Ward, or Servant
§ 51-1-11.1. Liability of Product Seller as a Manufacturer
§ 51-1-12. Liability for Ratifying Tort
§ 51-1-13. Cause of Action for Physical Injury; Intention Considered in Assessing Damages
§ 51-1-14. Violent Injury or Attempt to Commit Injury
§ 51-1-15. Right of Action for Abduction or Harboring of Wife
§ 51-1-16. Right of Action for Seduction of Daughter; Exemplary Damages
§ 51-1-18. Furnishing Alcoholic Beverages to Minor Children; Gambling With Minor Children
§ 51-1-19. Negligence by Person Given Trust or Confidence for Consideration
§ 51-1-20.2. Liability of Child Passenger Safety Technicians
§ 51-1-21. Liability of Owner of Watercraft for Torts Generally
§ 51-1-23. Sale of Unwholesome Provisions
§ 51-1-24. Sale of Adulterated Drugs or Alcoholic Beverages
§ 51-1-25. Furnishing of Wrong Article or Medicine by Vender of Drugs and Medicines
§ 51-1-26. Survivability of Actions Under Code Sections 51-1-23 Through 51-1-25
§ 51-1-27. Recovery for Medical Malpractice Authorized
§ 51-1-29. Liability of Persons Rendering Emergency Care
§ 51-1-29.1. Liability of Voluntary Health Care Provider and Sponsoring Organization
§ 51-1-29.3. Immunity for Operators of External Defibrillators
§ 51-1-29.6. Liability of Health Care Institutions and Providers Regarding Thc Oil
§ 51-1-30.4. Immunity From Liability for Officers Providing Security at Nuclear Facilities
§ 51-1-32. Separate Causes of Action for Personal Injury and Property Damage Caused by Motor Vehicle
§ 51-1-33. Settlement of Single Action Under Code Section 51-1-32 — Evidence in Separate Action
§ 51-1-34. Settlement of Single Action Under Code Section 51-1-32 — Effect in Separate Action
§ 51-1-36. Duty of Care of Operator of Motor Vehicle to Passengers
§ 51-1-37. Negligent or Improper Administration of Polygraph Examination; Measure of Damages
§ 51-1-38. Tort Immunity for Medical Students; Exceptions
§ 51-1-39. Liability for Injuries of Person Committing Crime on Political Subdivision Property
§ 51-1-40. Liability for Acts of Intoxicated Persons
§ 51-1-41. Liability of Sports Officials at Amateur Athletic Contests
§ 51-1-42. Limitation of Liability for Transportation of Senior Citizens by Volunteer
§ 51-1-43. “Roller Skating Safety Act of 1993.”
§ 51-1-44. Limitation of Liability for Dental Students
§ 51-1-45. Immunity of Persons Serving Without Compensation as Athletic Team Physicians
§ 51-1-47. Immunity for Disconnection of Motor Vehicle Air Bags
§ 51-1-48. Diligence Required in Reviewing Claims; Nonwaivable Liability Is Not Created; Definitions
§ 51-1-50. Immunity of Broadcasters From Liability for Levi’s Call: Georgia’s Amber Alert Program
§ 51-1-51. Limitations on Liability of Liquefied Petroleum Gas Providers
§ 51-1-53. Recreational Joint-Use Agreements
§ 51-1-54. Program and Treatment Completion Certificate