51-2-4. Liability for torts of independent employee.

Active

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

An employer generally is not responsible for torts committed by his employee when the employee exercises an independent business and in it is not subject to the immediate direction and control of the employer.

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, § 2905; Code 1868, § 2911; Code 1873, § 2962; Code 1882, § 2962; Civil Code 1895, § 3818; Civil Code 1910, § 4414; Code 1933, § 105-501.

Cross references

Liability of employers for injuries to employees generally, § 34-7-20 et seq.

Law reviews

For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For note discussing the doctrine of respondeat superior, see 2 Ga. St. B. J. 478 (1966). For comment on Nichols v. G.L. High Motor Co., 65 Ga. App. 397, 15 S.E.2d 805 (1941), and Andrews v. Norvell, 65 Ga. App. 241, 15 S.E.2d 808 (1941), see 4 Ga. B. J. 46 (1941). For comment on Ellenberg v. Pinkerton’s, Inc., 125 Ga. App. 648, 188 S.E.2d 911 (1972), holding employer defendant may not use independent contractor defense to invasion of privacy suit resulting from actions of investigator working in his behalf, see 9 Ga. St. B. J. 519 (1973).

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 287 to 288; merge action: annotated; file SHA-256 bc30a40687b2.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.