GA Code § 51-2-1 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 2 - Imputable Negligence|§ 51-2-1. Basis for Imputation of Negligence; Fault of Parents or Custodians Not Imputable to Child

  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.   In an action by an infant, the fault of the parent or of custodians selected by the parents is not imputable to the child.    (Civil Code 1895, § 2902; Civil Code 1910, § 3475; Code 1933, § 105-205.)   Cross references.   - Agency generally, T. 10, C. 6.   Law reviews.   - For comment on Southern Ry. v. Garland, 75 Ga. App. 98, 41 S.E.2d 925 (1947), see 10 Ga. B. J. 102 (1947).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Parent's Negligence Not Imputed to Child    RESEARCH REFERENCES   Am. Jur. 2d.   - 57B Am. Jur. 2d, Negligence, §§ 1096 et seq., 1130 et seq., 1147 et seq.   C.J.S.   - 65A C.J.S., Negligence, §§ 297, 301.   ALR.    - Automobiles: liability of parent for injury to child's guest by negligent operation of car, 2 A.L.R. 900; 88 A.L.R. 590.    Imputability to rescuer of antecedent negligence of rescued person, 5 A.L.R. 206.    Liability for negligence of chauffeur furnished with a car hired for an extended period, 8 A.L.R. 484.    Imputing negligence of parent or custodian to child in action by or on behalf of child for personal injury, 15 A.L.R. 414.    Liability of husband for independent tort of wife, 20 A.L.R. 528; 27 A.L.R. 1218; 59 A.L.R. 1468.    Liability of employer for injuries by automobile while being driven by or for salesman or collector, 54 A.L.R. 627; 107 A.L.R. 419.    Liability of owner for negligence of one permitted by former's servant or member of his family to drive automobile, 54 A.L.R. 851; 98 A.L.R. 1043; 134 A.L.R. 974.    Liability of person acting under authority of one spouse for injury to other spouse, 57 A.L.R. 755.    Negligence of driver of automobile as imputed to member of joint enterprise, 62 A.L.R. 440; 85 A.L.R. 630.    When occupants of automobile deemed to be engaged in joint enterprise so that negligence of one is imputable to other, 80 A.L.R. 312; 95 A.L.R. 857.    Doctrine of ratification invoked to charge one person with responsibility for the negligence of another not authorized to act for him, 85 A.L.R. 915.    Negligence of driver of automobile as imputable to passenger, 90 A.L.R. 630; 123 A.L.R. 1171.    Liability of bank for losses incurred on loans or investments made on recommendation of its officers or employees, 113 A.L.R. 246.    Negligence or contributory negligence of parent in intrusting child to custody of another child, 123 A.L.R. 147.    Liability of owner under family purpose doctrine for injuries by automobile while being used by member of his family, 132 A.L.R. 981.    Right to bring separate actions against master and servant, or principal and agent, to recover for negligence of servant or agent, where master's or principal's only responsibility is derivative, 135 A.L.R. 271.    Liability of attorney or law firm for conduct of employee or member of firm in connection with investment of funds of client, 136 A.L.R. 1110.    Imputation of driver's negligence to passenger, 163 A.L.R. 697.    Automobile owner's common-law liability for negligence in entrusting car to known incompetent, reckless, or inexperienced person as affected by statute limiting owner's liability to use within terms of consent, 163 A.L.R. 1418.    Negligence of automobile passenger as to lookout or other precaution as affecting question of negligence or contributory negligence of driver, 165 A.L.R. 596.   Contributory negligence of driver of motor vehicle as imputable to owner under statute making owner responsible for negligence of driver, 11 A.L.R.2d 1437.   Liability of municipality for injury or damage from explosion or burning of substance stored by third person under municipal permit, 17 A.L.R.2d 683.   Liability under respondeat superior doctrine for acts of operator furnished with leased machine or motor vehicle, 17 A.L.R.2d 1388.   Dealer's liability for negligent operation of car by prospective purchaser or one acting for him, 31 A.L.R.2d 1445.   Employer's liability for negligence of employee in piloting his own airplane in employer's business, 46 A.L.R.2d 1050.   Liability of person permitting child to have gun, or leaving gun accessible to child, for injury inflicted by the latter, 68 A.L.R.2d 782.   Liability of employer for injury to wife or child or employee through latter's negligence, 1 A.L.R.3d 677.   Products liability: manufacturer's responsibility for defective component supplied by another and incorporated in product, 3 A.L.R.3d 1016.   Master's liability for injury to or death of person, or damage to property, resulting from fire allegedly caused by servant's smoking, 20 A.L.R.3d 893.   Contributory negligence of spouse or child as bar to recovery of collateral damages suffered by other spouse or parent, 21 A.L.R.3d 469.   Liability of owner or operator of power lawnmower for injuries resulting to third person from its operation, 25 A.L.R.3d 1314.   Liability of hospital for negligence of nurse assisting operating surgeon, 29 A.L.R.3d 1065.   Railroad's liability for injury to or death of child on moving train other than as paying or proper passenger, 35 A.L.R.3d 9.   Imputation of contributory negligence of servant or agent to master or principal, in action by master or principal against another servant or agent for negligence in connection with his duties, 57 A.L.R.3d 1226.   Permitting child to walk to school unattended as contributory negligence of parents in action for injury to or death of child, 62 A.L.R.3d 541.   Liability of owner of powerboat for injury or death allegedly caused by one permitted to operate boat by owner, 71 A.L.R.3d 1018.   Liability of one hiring private investigator or detective for tortious acts committed in course of investigation, 73 A.L.R.3d 1175.   Carrier's liability for injury or death of infant passenger as affected by fact that child was in custody of parent or other adult, 74 A.L.R.3d 1171.   Landlord's liability to tenant's child for personal injuries resulting from defects in premises, as affected by tenant's negligence with respect to supervision of child, 82 A.L.R.3d 1079.   Student-driver's negligence as imputable to teacher-passenger, 90 A.L.R.3d 1329.   Fact that passenger in vehicle is owner as affecting right to recover from driver for injuries to, or death of, passenger incurred in consequence of driver's negligence, 21 A.L.R.4th 459.   Negligence of one parent contributing to injury or death of child as barring or reducing damages recoverable by other parent for losses suffered by other parent as result of injury or death of child, 26 A.L.R.4th 396.   Liability of hotel or motel operator for injury to guest resulting from assault by third party, 28 A.L.R.4th 80.   Liability of private citizen or his employer for injury or damage to third person resulting from firing of shots at fleeing criminal, 29 A.L.R.4th 144.   Fact that passenger in negligently operated motor vehicle is owner as affecting passenger's liability to or rights against third person - modern cases, 37 A.L.R.4th 565.   Construction and effect of statutes which make parent, custodian, or other person signing minor's application for vehicle operator's license liable for licensee's negligence or willful misconduct, 45 A.L.R.4th 87.   Liability for personal injury or property damage caused by unauthorized use of automobile which had been parked with keys removed from ignition, 70 A.L.R.4th 276.   Liability of doctor or other health practitioner to third party contracting contagious disease from doctor's patient, 3 A.L.R.5th 1.   Secondary smoke as battery, 46 A.L.R.5th 813.