GA Code § 51-12-8 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 12 - Damages|Article 1 - General Provisions|§ 51-12-8. When Damage Too Remote for Recovery Generally

 If the damage incurred by the plaintiff is only the imaginary or possible result of a tortious act or if other and contingent circumstances preponderate in causing the injury, such damage is too remote to be the basis of recovery against the wrongdoer.   (Orig. Code 1863, § 3004; Code 1868, § 3017; Code 1873, § 3072; Code 1882, § 3072; Civil Code 1895, § 3912; Civil Code 1910, § 4509; Code 1933, § 105-2008.)   Law reviews.   - For article discussing plaintiff conduct and the emerging doctrine of comparative causation of torts, see 29 Mercer L. Rev. 403 (1978). For article, "Pre-Impact Pain and Suffering," see 26 Ga. St. B. J. 60 (1989). For article, "Jury Instructions and Proximate Cause: An Uncertain Trumpet in Georgia," see 27 Ga. St. B. J. 60 (1990). For note discussing tavern keeper liability in Georgia for injury caused by a person to whom an intoxicant was sold, see 9 Ga. L. Rev. 239 (1974).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Applicability to Specific Cases    RESEARCH REFERENCES   Am. Jur. 2d.   - 22 Am. Jur. 2d, Damages, §§ 312, 334.   C.J.S.   - 25 C.J.S., Damages, § 36 et seq.   ALR.    - Right of landowner to recover for personal injuries incidental to trespass on his land, 32 A.L.R. 921.    Right of one who has acted for another to recover for damage to reputation or business in consequence of the latter's failure to keep his engagement with third persons, 42 A.L.R. 1094.    Liability of carrier which negligently delays transportation or delivery for loss of or damage to goods from causes for which it is not otherwise responsible, 46 A.L.R. 302.    Pain incident to surgical operation or medical treatment as an element of damages for personal injuries, 51 A.L.R. 1122.    Liability of one who leaves building materials accessible to children for injury to third person by child's act, 62 A.L.R. 833.    "Sentimental" losses, including mental anguish, loss of society, and loss of marital, filial, or parental care and guidance, as elements of damages in action for wrongful death, 74 A.L.R. 11.    Intervening criminal act as breaking causal chain, 78 A.L.R. 471.    Liability of manufacturer or packer of defective article for injury to person or property of ultimate consumer who purchased from a middleman, 88 A.L.R. 527; 105 A.L.R. 1502; 111 A.L.R. 1239; 140 A.L.R. 191; 142 A.L.R. 1490.    Liability of telegraph company for punitive damages for wrongful or negligent acts of employees as regards messages, 89 A.L.R. 356.    Increase in insurance rates or loss of opportunity to obtain insurance in consequence of another's tort as ground of liability, 92 A.L.R. 1205.    Inadequacy of appliance for purpose contemplated by safety appliance act as proximate cause of and ground of liability for injury to employee who was using it for another purpose, 96 A.L.R. 1138.    Sufficiency of instruction on contributory negligence as respects the element of proximate cause, 102 A.L.R. 411.    Measure of damages recoverable for loss of or failure to obtain employment for indefinite term, as result of telegraph company's breach of duty as to transmission or delivery of message, 103 A.L.R. 546.    Defect in street or highway as proximate cause of injury immediately caused by collision between two vehicles, 104 A.L.R. 1231.    Damage incident to travel on detour as part of recovery for wrongfully preventing or impeding use of highway, 106 A.L.R. 1305.    Negligence in repairing or servicing automobile as proximate cause of subsequent injury or damage, 118 A.L.R. 1129.    Nuisance as entitling owner or occupant of real estate to recover damages for personal inconvenience, discomfort, annoyance, anguish, or sickness, distinct from, or in addition to, damages for depreciation in value of property or its use, 142 A.L.R. 1307.    Damages on account of loss of earnings or impairment of earning capacity due to wife's personal injury as recoverable by her or by her husband, 151 A.L.R. 479.    Foreseeability as an element of negligence and proximate cause, 155 A.L.R. 157; 100 A.L.R.2d 942.   Loss of profits of a business in which plaintiff is interested as a factor in determining damages in action for personal injuries, 12 A.L.R.2d 288.   Proximate cause in malpractice cases, 13 A.L.R.2d 11.   Seller's or manufacturer's liability for injuries as affected by buyer's or user's allergy or unusual susceptibility to injury from article, 26 A.L.R.2d 963.   Negligence causing dazed or stunned condition as proximate cause of injuries occasioned by such condition, 29 A.L.R.2d 690.   Liability of storekeeper for injury of customer by another customer's use or handling of stock or equipment, 42 A.L.R.2d 1103.   Liability of private person negligently causing malfunctioning, removal, or extinguishment of traffic signal or sign for subsequent motor vehicle accident, 64 A.L.R.2d 1364.   Admissibility, as against objection of remoteness, of evidence as to past earnings, upon issue as to amount of damages in an action for personal injury or death, 81 A.L.R.2d 733.   Obstruction of sidewalk as proximate cause of injury to pedestrian forced to go into street and there injured, 93 A.L.R.2d 1187.   Right of tort-feasor initially causing injury to recover indemnity or contribution from medical attendant causing new injury or aggravating injury in course of treatment, 8 A.L.R.3d 639.   Injury or disability resulting from medical treatment for accident as proximately caused by original accident within coverage of accident or disability insurance, 25 A.L.R.3d 1386.   Proximate cause: liability of tort-feasor for injured person's subsequent injury or reinjury, 31 A.L.R.3d 1000.   Products liability: alteration of product after it leaves hands of manufacturer or seller as affecting liability for product-caused harm, 41 A.L.R.3d 1251.   Profits of business as factor in determining loss of earnings or earning capacity in action for personal injury or death, 45 A.L.R.3d 345.   Absolute liability for blasting operations as extending to injury or damage not directly caused by debris or concussion from explosion, 56 A.L.R.3d 1017.   Recovery for mental anguish or emotional distress, absent independent physical injury, consequent upon breach of contract in connection with sale of real property, 61 A.L.R.3d 922.   Recovery of damages for emotional distress resulting from discrimination because of sex or marital status, 61 A.L.R.3d 944.   Proof of causation of intoxication as a prerequisite to recovery under Civil Damage Act, 64 A.L.R.3d 882.   Civil Damage Act: liability of one who furnishes liquor to another for consumption by third parties, for injury caused by consumer, 64 A.L.R.3d 922.   Liability of one causing physical injuries as a result of which injured party attempts or commits suicide, 77 A.L.R.3d 311.   Right of action at common law for damages sustained by plaintiff in consequence of sale of intoxicating liquor or habit-forming drugs to another, 97 A.L.R.3d 528; 62 A.L.R.4th 16.   Recovery of anticipated lost profits of new business: post-1965 cases, 55 A.L.R.4th 507.   Social host's liability for injuries incurred by third parties as a result of intoxicated guest's negligence, 62 A.L.R.4th 16.   Right of tortfeasor initially causing injury to recover indemnity or contribution from medical attendant aggravating injury or causing new injury in course of treatment, 72 A.L.R.4th 231.   Recovery for emotional distress based on fear of contracting HIV or AIDS, 59 A.L.R.5th 535.   Recovery for exposure to beryllium, 16 A.L.R.6th 143.   Validity, construction, and application of products liability statute precluding or limiting recovery where product has been altered or modified after leaving hands of manufacturer or seller, 13 A.L.R.7th 8.