51-12-8. When damage too remote for recovery generally.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

If the damage incurred by the plaintiff is only the imaginary or possible result of a tortious act or if other and contingent circumstances preponderate in causing the injury, such damage is too remote to be the basis of recovery against the wrongdoer.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3004; Code 1868, § 3017; Code 1873, § 3072; Code 1882, § 3072; Civil Code 1895, § 3912; Civil Code 1910, § 4509; Code 1933, § 105-2008.

Law reviews

For article discussing plaintiff conduct and the emerging doctrine of comparative causation of torts, see 29 Mercer L. Rev. 403 (1978). For article, ‘‘Pre-Impact Pain and Suffering,’’ see 26 Ga. St. B. J. 60 (1989). 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).

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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, page 936; merge action: annotated; file SHA-256 bc30a40687b2.

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