Official Code of Georgia Annotated
Title 51. TORTS · Chapter 1. GENERAL PROVISIONS
51-1-13. Cause of action for physical injury; intention considered in assessing damages.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
A physical injury done to another shall give a right of action to the injured party, whatever may be the intention of the person causing the injury, unless he is justified under some rule of law. However, intention shall be considered in the assessment of damages.
History
Orig. Code 1863, § 2910; Code 1868, § 2917; Code 1873, § 2968; Code 1882, § 2968; Civil Code 1895, § 3826; Civil Code 1910, § 4422; Code 1933, § 105-601.
Cross references
Settlement offers and agreement for personal injury, bodily injury, and death from motor vehicle, § 9-11-67.1.
Law reviews
For comment on Tucker v. Howard L. Carmichael & Sons, 208 Ga. 201, 65 S.E.2d 909 (1951), holding child may maintain action for prenatal injury caused by negligence of another, see 14 Ga. B. J. 249 (1951). For comment on Wright v. Wright, 85 Ga. App. 721, 70 S.E.2d 152 (1952), see 15 Ga. B. J. 83 (1952). For comment on Plantation Pipe Line Co. v. Hornbuckle, 212 Ga. 504, 93 S.E.2d 727 (1956), holding that if a child born after an injury occurring at any period in its prenatal life can prove a tortious effect it will be allowed the right to recover, see 19 Ga. B. J. 87 (1956). For comment on Hornbuckle v. Plantation Pipe Line Co., 212 Ga. 504, 93 S.E.2d 727 (1956), recognizing child’s right of action for prenatal injuries suffered prior to viability, see 8 Mercer L. Rev. 377 (1957). For comment on Mims v. Boland, 110 Ga. App. 477, 138 S.E.2d 902 (1964), see 2 Ga. St. B. J. 133 (1965). For comment, ‘‘‘Am I My Brother’s Keeper?’: Reforming Criminal Hazing Laws Based on Assumption of Care,’’ see 63 Emory L.J. 925 (2014).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, pages 119 to 120; merge action: annotated; file SHA-256 bc30a40687b2.