Georgia Tort Law

What is Georgia Tort Law?

A tort is any civil claim involving a physical, emotional, or financial loss caused by negligence or wrongful acts. Examples of tort claims include:

• Motor vehicle accidents
• Assault
• Medical malpractice
• Premises liability
• False imprisonment
• Defective product claims

Under Georgia law, for a tort lawsuit to be successful, four elements of negligence need to be proven:

• Duty of care – The defendant owed the plaintiff a duty of care
• Breach of duty – The defendant breached that duty of care
• Causation – The defendant’s breach in their duty of care caused the plaintiff injury or illness
• Damages – The plaintiff suffered significant damages as a result of the defendant’s actions

A Brief History on Georgia Tort Laws

Tort laws first developed in Europe in the 12th century, when trespassers and other parties were held liable for any damage they caused to other properties.

Over the centuries, courts refined the legal process. They established burdens of proof and created defenses including the assumption of risk and contributory negligence. This was when the plaintiff’s ability to recover compensation began being restricted.

In the late 1770s, Georgia adopted the common law of England, which included its legal procedures and policies on tort law. In the 20th century, as motor vehicles grew in popularity in the 20th century, tort law and liability insurance laws became critical. During this time, product liability claims also emerged as issues involving the manufacturing and selling of defective motor vehicles became more common.

More About Georgia Tort Claims

Learn more about Georgia tort law and related topics:

• Negligence Laws in Personal Injury Cases
• Liability in Georgia
• How Much is a GA Injury Claim Worth?
• Personal Injury Lawsuits & Claims
• Parties in a GA personal Injury Case
• How to Prove a Personal injury
• Personal Injury Settlements
• Punitive Damages In Georgia Personal Injury Cases

What Georgia Tort Laws Apply to Your Claim?

Various tort laws could have an impact on your injury claim. Some of the more common include how the state handles car accident insurance claims, the statute of limitations for personal injury lawsuits, contributory negligence laws, and more.

Generally, Georgia tort law assess the defendants’ liability and whether the plaintiff shares fault or should be limited in their attempt to recover financial compensation. Here are the tort laws that most often apply to Georgia personal injury claims:

GA Tort Code: Chapter 1

Chapter 1 of the Georgia tort code goes over the general provisions, including the basic definitions of the Georgia tort law statute.

GA Tort Code: Chapter 2

Chapter 2 of the Georgia tort code goes over imputable negligence. This includes the fault of parents or custodians for injuries to a child. This includes liability for various individuals such as contractors, healthcare providers, dog owners, and other parties.

GA Tort Code: Chapter 3

Chapter 3 discusses the liability of owners and occupiers of land. This includes premises liability claims and the property owner’s duty of care.

GA Tort Code: Chapter 4

Chapter 4 describes how wrongful death claims should be handled. This includes who has the right to file a claim, the damages available, and other provisions.

GA Tort Code: Chapter 5

Chapter 5 protects from libel and slander. This includes defining libel and slander, the right of action for malicious use of privilege, and the admissibility of evidence and defamation actions.

GA Tort Code: Chapter 6

Chapter 6 describes how cases of fraud and deceit are handled. This includes the right of action for fraud, letters to obtain credit, and fraud by acts or silence.

GA Tort Code: Chapter 7

Chapter 7 covers false arrest, abusive litigation, malicious prosecution, and false imprisonment.

GA Tort Code: Chapter 8

Chapter 8 previously described forcible entry entertainer. However, Chapter 8 has since been repealed.

GA Tort Code: Chapter 9

Chapter 9 goes over injuries to real estate, including recovery of possession of lands, actions for trespass, damages for continuing trespass, and interference with the right of way, among others.

GA Tort Code: Chapter 10

Chapter 10 discusses injuries to personality, including the right of action, who has the authority to bring the claim, and the owner’s right of action for damage to or theft of personal property.

GA Tort Code: Chapter 11

Chapter 11 goes over defenses to tort actions, including the effective consent, infancy, liability of specific parties, and immunity from civil liability under certain conditions.

GA Tort Code: Chapter 12

Chapter 12 discusses the damages that injury victims can be awarded for various claims, including joint tortfeasors, conversion of timber, and tort actions.

GA Tort Code: Chapter 13

Chapter 13 discusses medical malpractice claims, including definitions, the maximum amount of liability, and the allowance for periodic payments.

GA Tort Code: Chapter 14

Chapter 14 discusses asbestos and silica claims, including definitions, prima facie evidence, the limitations period, who has the authority to bring forward a claim, consolidation of claims, and severability.

GA Tort Code: Chapter 15

Chapter 15 discusses asbestos claims and liability, market value, fair market value determinations, and severability.

Read the full Georgia Tort Code Here.

Georgia Tort Law FAQ

To help better prepare you, we have answered some of the more frequently asked questions surrounding Georgia tort law. Contact our office to discuss your specific concerns if you have additional questions.

Contact a Georgia Personal Injury Lawyer

Georgia tort law can get complicated but could be the best way to recover max compensation for your loss or assorted damages after an accident. Let the professionals at The Champion Firm help you understand what laws apply and how to secure everything you deserve.

Schedule your free, no-risk, no-obligation consultation at 404-596-8044 or complete our contact form. There's no fee unless you win.