51-12-31. Recovery against joint trespassers.

Orig. Code 1863, § 3007; Code 1868, § 3020; Code 1873, § 3075; Code 1882, § 3075; Civil Code 1895, § 3915; Civil Code 1910, § 4512; Code 1933, § 105-2011; Ga. L. 1987, p. 915, § 8; Ga. L. 1992, p. 6, § 51; Ga. L. 2005, p. 1, § 12/SB 3.

Ga. L. 2005, p. 1, § 1/SB 3, not codified by the General Assembly, provides that: ‘‘The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.’’ Ga. L. 2005, p. 1, § 14/SB 3, not codified by the General Assembly, provides for severability. Ga. L. 2005, p. 1, § 15(b)/SB 3, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply only with respect to causes of action arising on or after February 16, 2005, and any prior causes of action shall continue to be governed by prior law.

For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 221 (2005). For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005). For note, ‘‘The Effect (Or Noneffect) of the 2004 Amendments to O.C.G.A. §§ 51-12-31 and 51-12-33 on Joint Liability in Georgia,’’ see 44 Ga. L. Rev. 215 (2009). For comment, ‘‘Where Do We Go From Here? The Future of Caps on Noneconomic Medical Malpractice Damages in Georgia,’’ see 28 Ga. St. U.L. Rev. 1341 (2012).