51-2-1. Basis for imputation of negligence; fault of parents or custodians not imputable to child.

Active

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

(a)
For the negligence of one person to be properly imputable to another, the one to whom it is imputed must stand in such a relation or privity to the negligent person as to create the relation of principal and agent.#
(b)
In an action by an infant, the fault of the parent or of custodians selected by the parents is not imputable to the child.#

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.

Civil Code 1895, § 2902; Civil Code 1910, § 3475; Code 1933, § 105-205.

Agency generally, T. 10, C. 6.

For comment on Southern Ry. v. Garland, 75 Ga. App. 98, 41 S.E.2d 925 (1947), see 10 Ga. B. J. 102 (1947).

History of Code section.: The language of this Code section is derived in part from the decisions in East Tenn., Va. & Ga. Ry. v. Markens, 88 Ga. 60, 13 S.E. 855 (1891); Atlanta & C. Air-Line Ry. v. Gravitt, 93 Ga. 369, 20 S.E. 550 (1894).

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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 233; merge action: annotated; file SHA-256 bc30a40687b2.