reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-56 - Civil recovery available to victims of human trafficking; statute of limitations; relief sought by Attorney General

(a)
As used in this Code section, the term:
(1)
"Criminal action" means the investigation or prosecution of an offense that is pending final adjudication in a trial court.
(2)
"Perpetrator" means a person or entity that knowingly benefits, financially or by receiving anything of value, from participation in a venture or scheme which such person or entity knew or should have known involved a violation of Code Section
16-5-46
.
(b)
An individual who is a victim of a violation of Code Section
16-5-46
shall have a cause of action against any perpetrator of said violation and may recover damages and reasonable attorney's fees.
(c)
Any action filed under subsection (b) of this Code section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the individual is the victim.
(d)
Notwithstanding any other law to the contrary, an action may be brought under subsection (b) of this Code section within ten years after the:
(1)
Cause of action arose; or
(2)
Victim reaches 18 years of age, if the victim was a minor at the time of the alleged violation.
(e)
Whenever the Attorney General has reasonable cause to believe that an interest of the citizens of this state has been or is threatened or adversely affected by a perpetrator, the Attorney General shall have a cause of action against such perpetrator on behalf of the state to obtain appropriate relief.
Added by 2021 Ga. Laws 28,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-57 - Damages for false solicitation in media of legal services

Any person who solicits in any media in violation of Code Section
10-1-424.1
or
10-1-427
shall, in addition to any other remedies provided by law, be liable for damages caused by each media that is in violation of such Code sections. A claim of a violation of such Code sections may be brought in a representative capacity and may be the subject of a class action under Code Section
9-11-23
. Damages for such violation shall be the actual damages or $500.00 per each media that is in violation, whichever is greater.
Added by 2023 Ga. Laws 77,§ 2-6, eff. 5/1/2023, app. to contracts entered into on and after 5/1/2023; and not applicable to contracts entered into before 5/1/2023; provided, however, that any contract in violation of the provisions of Part II of this Act entered into before 5/1/2023 shall be void after the initial period set forth in such contract and shall not be renewed or otherwise extended on terms in violation of Part II of this Act.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 2 - IMPUTABLE NEGLIGENCE (§§ 51-2-1 — 51-2-7) › Section 51-2-1 - Basis for imputation of negligence; fault of parents or custodians not imputable to child

(a)
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.
(b)
In an action by an infant, the fault of the parent or of custodians selected by the parents is not imputable to the child.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 2 - IMPUTABLE NEGLIGENCE (§§ 51-2-1 — 51-2-7) › Section 51-2-2 - Liability for torts of spouse, child, or servant in certain instances

Every person shall be liable for torts committed by his wife, his child, or his servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 2 - IMPUTABLE NEGLIGENCE (§§ 51-2-1 — 51-2-7) › Section 51-2-3 - Liability for malicious acts of minor child

(a)
Every parent or guardian having the custody and control over a minor child or children under the age of 18 shall be liable in an amount not to exceed $10,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in reasonable medical expenses to another, damage to the property of another, or both reasonable medical expenses and damage to property.
(b)
This Code section shall be cumulative and shall not be restrictive of any remedies now available to any person, firm, or corporation for injuries or damages arising out of the acts, torts, or negligence of a minor child under the "family-purpose car doctrine," any statute, or common law in force and effect in this state.
(c)
The intent of the General Assembly in passing this Code section is to provide for the public welfare and aid in the control of juvenile delinquency, not to provide restorative compensation to victims of injurious or tortious conduct by children.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 2 - IMPUTABLE NEGLIGENCE (§§ 51-2-1 — 51-2-7) › Section 51-2-4 - Liability for torts of independent employee

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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 2 - IMPUTABLE NEGLIGENCE (§§ 51-2-1 — 51-2-7) › Section 51-2-5 - Liability for negligence of contractor

An employer is liable for the negligence of a contractor:
(1)
When the work is wrongful in itself or, if done in the ordinary manner, would result in a nuisance;
(2)
If, according to the employer's previous knowledge and experience, the work to be done is in its nature dangerous to others however carefully performed;
(3)
If the wrongful act is the violation of a duty imposed by express contract upon the employer;
(4)
If the wrongful act is the violation of a duty imposed by statute;
(5)
If the employer retains the right to direct or control the time and manner of executing the work or interferes and assumes control so as to create the relation of master and servant or so that an injury results which is traceable to his interference; or
(6)
If the employer ratifies the unauthorized wrong of the independent contractor.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 2 - IMPUTABLE NEGLIGENCE (§§ 51-2-1 — 51-2-7) › Section 51-2-6 - Liability of owner or keeper of dog for damage done to livestock while off his or her premises

If any dog, while not on the premises of its owner or the person having charge of it, kills or injures any livestock, the owner or person having charge of the dog shall be liable for damages sustained by the killing or maiming of the livestock and for the full costs of action.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 2 - IMPUTABLE NEGLIGENCE (§§ 51-2-1 — 51-2-7) › Section 51-2-7 - Liability of owner or keeper of vicious or dangerous animal for injuries caused by animal

A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The foregoing sentence shall not apply to domesticated livestock.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 1 - GENERAL PROVISIONS (§§ 51-3-1 — 51-3-3) › Section 51-3-1 - Duty of owner or occupier of land to invitee

Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 1 - GENERAL PROVISIONS (§§ 51-3-1 — 51-3-3) › Section 51-3-2 - Duty of owner of premises to licensee

(a)
A licensee is a person who:
(1)
Is neither a customer, a servant, nor a trespasser;
(2)
Does not stand in any contractual relation with the owner of the premises; and
(3)
Is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or gratification.
(b)
The owner of the premises is liable to a licensee only for willful or wanton injury.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 1 - GENERAL PROVISIONS (§§ 51-3-1 — 51-3-3) › Section 51-3-3 - Lawful possessor of land owes no duty of care to trespasser

(a)
As used in this Code section, the term "possessor of land" means the landowner, occupant of the land, holder of any easement to the land, or lessee of the land.
(b)
A lawful possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or wanton injury.
(c)
Georgia common law as it exists and is applied to the doctrine of attractive nuisance, in effect as of January 1, 2014, shall not be construed to be altered by this Code section.
(d)
This Code section shall not affect any immunities from or defenses to civil liability to which a lawful possessor of land may be entitled.
Added by 2014 Ga. Laws 548,§ 2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 2 - OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES (§§ 51-3-20 — 51-3-26) › Section 51-3-20 - Purpose of article

The purpose of this article is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting the owners' liability toward persons entering thereon for recreational purposes.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 2 - OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES (§§ 51-3-20 — 51-3-26) › Section 51-3-21 - Definitions

As used in this article, the term:
(1)
"Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.
(2)
"Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.
(3)
"Owner" means the possessor of a fee interest, a tenant, a lessee, an occupant, or a person in control of the premises.
(4)
"Recreational purpose" includes, but is not limited to, any of the following or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, aviation activities, nature study, water skiing, winter sports, and viewing or enjoying historical, archeological, scenic, or scientific sites.
Amended by 2014 Ga. Laws 658,§ 2, eff. 10/1/2014.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 2 - OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES (§§ 51-3-20 — 51-3-26) › Section 51-3-22 - Duty of owner of land to those using same for recreation generally

Except as specifically recognized by or provided in Code Section
51-3-25
, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 2 - OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES (§§ 51-3-20 — 51-3-26) › Section 51-3-23 - Effect of invitation or permission to use land for recreation

Except as specifically recognized by or provided in Code Section
51-3-25
, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes does not thereby:
(1)
Extend any assurance that the premises are safe for any purpose;
(2)
Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3)
Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 2 - OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES (§§ 51-3-20 — 51-3-26) › Section 51-3-24 - Applicability of Code Sections 51-3-22 and 51-3-23 to owner of land leased to state or subdivision for recreation

Unless otherwise agreed in writing, Code Sections
51-3-22
and
51-3-23
shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 2 - OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES (§§ 51-3-20 — 51-3-26) › Section 51-3-25 - Certain liability not limited

Nothing in this article limits in any way any liability which otherwise exists:
(1)
For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or
(2)
On a date when the owner of land charges any individual who lawfully enters such land for recreational use and any individual is injured in connection with the recreational use for which the charge was made, provided that, in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this Code section.
Amended by 2018 Ga. Laws 554,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 2 - OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES (§§ 51-3-20 — 51-3-26) › Section 51-3-26 - Construction of article

Nothing in this article shall be construed to:
(1)
Create a duty of care or ground of liability for injury to persons or property; or
(2)
Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this article to exercise care in his use of the land and in his activities thereon or from the legal consequences of failure to employ such care.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 3 - LANDOWNER IMMUNITY (§§ 51-3-30 — 51-3-31) › Section 51-3-30 - Liability of landowner or hunter for injury caused by wildlife crossing public roadway

A landowner who allows wildlife to traverse the owner's property, or a person hunting game on such property with permission, shall be immune from civil liability for damage and injuries which may be caused by wildlife which traverse the landowner's property and enter a public roadway or right of way, provided that the conduct of the landowner or person hunting game does not constitute gross negligence or willful and wanton misconduct.
Added by 2008 Ga. Laws 584,§ 4, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 4 - SPACE FLIGHT ENTITIES (§§ 51-3-41 — 51-3-44) › Section 51-3-42 - Civil or criminal liability for injuries during space flight

(a)
Except as provided in subsection (b) of this Code section, a space flight entity shall not be civilly liable to or criminally responsible for any person for a space flight participant injury arising out of inherent risks associated with any space flight activities occurring in or originating from this state if the space flight participant has:
(1)
Signed the warning and agreement required by Code Section
51-3-43
; and
(2)
Given written informed consent as may be required by
51 U.S.C. Section 50905
or other federal law.
(b)
Nothing in this Code section shall:
(1)
Limit liability for a space flight participant injury:
(A)
Proximately caused by the space flight entity's gross negligence for the safety of the space flight participant; or
(B)
Intentionally caused by the space flight entity;
(2)
Limit the liability of any space flight entity against any person other than a space flight participant who meets the requirements of paragraphs (1) and (2) of subsection (a) of this Code section;
(3)
Limit liability for the breach of a contract for use of real property by a space flight entity; or
(4)
Preclude an action by the federal government, the State of Georgia, or any state agency to enforce a valid statute or rule or regulation.
(c)
The limitations on legal liability afforded to a space flight entity by the provisions of this article shall be in addition to any other limitations of legal liability provided by federal law or the laws of this state.
Added by 2017 Ga. Laws 172,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 3 - LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44) › Article 4 - SPACE FLIGHT ENTITIES (§§ 51-3-41 — 51-3-44) › Section 51-3-44 - Governing law

Any litigation, action, suit, or other arbitral, administrative, or judicial proceeding at law or equity against a space flight entity pertaining to space flight activities shall be governed by the laws of the State of Georgia.
Added by 2017 Ga. Laws 172,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 4 - WRONGFUL DEATH (§§ 51-4-1 — 51-4-6) › Section 51-4-1 - Definitions

As used in this chapter, the term:
(1)
"Full value of the life of the decedent, as shown by the evidence" means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.
(2)
"Homicide" includes all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 4 - WRONGFUL DEATH (§§ 51-4-1 — 51-4-6) › Section 51-4-2 - Wrongful death of spouse or parent

(a)
The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.
(b)
(1)
If an action for wrongful death is brought by a surviving spouse under subsection (a) of this Code section and the surviving spouse dies pending the action, the action shall survive to the child or children of the decedent.
(2)
If an action for wrongful death is brought by a child or children under subsection (a) of this Code section and one of the children dies pending the action, the action shall survive to the surviving child or children.
(3)
If there is no surviving spouse and an action for wrongful death is brought by a minor child or minor children under subsection (a) of this Code section, the natural guardian, guardian, or next friend of any such minor child shall:
(A)
Qualify as a conservator if necessary to receive payment of the settlement and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section
29-3-1
; and
(B)
Obtain court approval of such settlement of such minor child or minor children as provided in Code Section
29-3-3
.
(c)
The surviving spouse may release the alleged wrongdoer without the concurrence of the child or children or any conservator, guardian, next friend, or other authorized representative thereof, and without any order of court, provided that such spouse shall hold the consideration for such release subject to subsection (d) of this Code section and shall be accountable for same.
(d)
(1)
Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes.
(2)
Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse's share. If there is no surviving spouse, the amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the children per capita, and the descendants of children shall take per stirpes.
(e)
No recovery had under subsection (a) of this Code section shall be subject to any debt or liability of the decedent or of the decedent's estate.
(f)
In actions for recovery under this Code section, the fact that a child has been born out of wedlock shall be no bar to recovery.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Amended by 2022 Ga. Laws 745,§ 7, eff. 5/2/2022.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 4 - WRONGFUL DEATH (§§ 51-4-1 — 51-4-6) › Section 51-4-4 - Wrongful death of child

The right to recover for the homicide of a child shall be as provided in Code Section
19-7-1
and Code Section
53-1-5
.
Amended by 2022 Ga. Laws 847,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 4 - WRONGFUL DEATH (§§ 51-4-1 — 51-4-6) › Section 51-4-5 - Recovery by personal representative for wrongful death and for certain expenses

(a)
When there is no person entitled to bring an action for the wrongful death of a decedent under Code Section
51-4-2
or
51-4-4
, the administrator or executor of the decedent may bring an action for and may recover and hold the amount recovered for the benefit of the next of kin. In any such case the amount of the recovery shall be the full value of the life of the decedent.
(b)
When death of a human being results from a crime or from criminal or other negligence, the personal representative of the deceased person shall be entitled to recover for the funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 4 - WRONGFUL DEATH (§§ 51-4-1 — 51-4-6) › Section 51-4-6 - Notification of licensing boards of judgments against health care provider

(a)
As used in this Code section, the term "health care provider" shall have the same meaning as set forth in Code Section
16-5-5
.
(b)
Within ten days of a judgment, a health care provider against whom a judgment has been obtained under the provisions of this chapter shall notify in writing the applicable licensing board for his or her licensure, certification, registration, or other authorization to conduct such health care provider's occupation so that disciplinary action may be taken as determined necessary by the applicable board.
Added by 2012 Ga. Laws 639,§ 3, eff. 5/1/2012.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-1 - Libel defined; publication prerequisite to recovery

(a)
A libel is a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule.
(b)
The publication of the libelous matter is essential to recovery.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-2 - Newspaper libel defined; publication prerequisite to recovery

(a)
Any false and malicious defamation of another in any newspaper, magazine, or periodical, tending to injure the reputation of the person and expose him to public hatred, contempt, or ridicule, shall constitute a newspaper libel.
(b)
The publication of the libelous matter is essential to recovery.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-3 - What constitutes publication of libel

A libel is published as soon as it is communicated to any person other than the party libeled.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-4 - Slander defined; when special damage required; when damage inferred

(a)
Slander or oral defamation consists in:
(1)
Imputing to another a crime punishable by law;
(2)
Charging a person with having some contagious disorder or with being guilty of some debasing act which may exclude him from society;
(3)
Making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or
(4)
Uttering any disparaging words productive of special damage which flows naturally therefrom.
(b)
In the situation described in paragraph (4) of subsection (a) of this Code section, special damage is essential to support an action; in the situations described in paragraphs (1) through (3) of subsection (a) of this Code section, damage is inferred.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-5 - Inference of malice; rebuttal thereof; effect of rebuttal

In all actions for printed or spoken defamation, malice is inferred from the character of the charge. However, the existence of malice may be rebutted by proof. In all cases, such proof shall be considered in mitigation of damages. In cases of privileged communications, such proof shall bar a recovery.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-6 - Truth as justification

The truth of the charge made may always be proved in justification of an alleged libel or slander.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-7 - Privileged communications

The following communications are deemed privileged:
(1)
Statements made in good faith in the performance of a public duty;
(2)
Statements made in good faith in the performance of a legal or moral private duty;
(3)
Statements made with a good faith intent on the part of the speaker to protect his or her interest in a matter in which it is concerned;
(4)
Statements made in good faith as part of an act in furtherance of the person's or entity's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, as defined in subsection (c) of Code Section
9-11-11.1
;
(5)
Fair and honest reports of the proceedings of legislative or judicial bodies;
(6)
Fair and honest reports of court proceedings;
(7)
Comments of counsel, fairly made, on the circumstances of a case in which he or she is involved and on the conduct of the parties in connection therewith;
(8)
Truthful reports of information received from any arresting officer or police authorities; and
(9)
Comments upon the acts of public men or public women in their public capacity and with reference thereto.
Amended by 2016 Ga. Laws 420,§ 3, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-8 - Absolute privilege of allegations in pleadings

All charges, allegations, and averments contained in regular pleadings filed in a court of competent jurisdiction, which are pertinent and material to the relief sought, whether legally sufficient to obtain it or not, are privileged. However false and malicious such charges, allegations, and averments may be, they shall not be deemed libelous.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-9 - Right of action for malicious use of privilege

In every case of privileged communications, if the privilege is used merely as a cloak for venting private malice and not bona fide in promotion of the object for which the privilege is granted, the party defamed shall have a right of action.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-10 - Liability for defamatory statements in visual or sound broadcast; damages

(a)
The owner, licensee, or operator of a visual or sound broadcasting station or network of stations and the agents or employees of any owner, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound broadcast by one other than the owner, licensee, or operator or an agent or employee thereof, unless it is alleged and proved by the complaining party that the owner, licensee, operator or the agent or employee has failed to exercise due care to prevent the publication or utterance of the statement in the broadcast.
(b)
In no event shall any owner, licensee, or operator or the agents or employees of any owner, licensee, or operator of such a station or network of stations be held liable for any damages for any defamatory statement uttered over the facilities of the station or network by or on behalf of any candidate for public office.
(c)
In any action for damages for any defamatory statement published or uttered in or as a part of a visual or sound broadcast, the complaining party shall be allowed only such actual, consequential, or punitive damages as have been alleged and proved.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-11 - Admissibility of evidence in libel action concerning correction and retraction; effect thereof on damages

(a)
In any civil action for libel which charges the publication of an erroneous statement alleged to be libelous, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction in writing at least seven days prior to the filing of the action or omitted to request retraction in this manner.
(b)
In any such action, the defendant may allege and give proof of the following matters, as applicable:
(1)
(A)
That the matter alleged to have been published and to be libelous was published without malice;
(B)
That the defendant, in a regular issue of the newspaper or other publication in question, within seven days after receiving written demand, or in the next regular issue of the newspaper or other publication following receipt of the demand if the next regular issue was not published within seven days after receiving the demand, corrected and retracted the allegedly libelous statement in as conspicuous and public a manner as that in which the alleged libelous statement was published; and
(C)
That, if the plaintiff so requested, the retraction and correction were accompanied, in the same issue, by an editorial in which the allegedly libelous statement was specifically repudiated; or
(2)
That no request for correction and retraction was made in writing by the plaintiff.
(c)
Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the publication of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 5 - LIBEL AND SLANDER (§§ 51-5-1 — 51-5-12) › Section 51-5-12 - Admissibility of evidence in defamation action concerning correction and retraction; effect on damages

(a)
In any civil action for a defamatory statement which charges the visual or sound broadcast of an erroneous statement alleged to be defamatory, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction or omitted to request retraction.
(b)
In any such action, the defendant may allege and give proof of the following matters, as applicable:
(1)
(A)
That the matter alleged to have been broadcast and to be defamatory was published without malice;
(B)
That the defendant, in a regular broadcast of the station over which the broadcast in question was made, within three days after receiving written demand, corrected and retracted the allegedly defamatory statement in as conspicuous and public a manner as that in which the alleged defamatory statement was broadcast; and
(C)
That, if the plaintiff so requested, the retraction and correction were accompanied, on the same day, by an editorial in which the allegedly defamatory statement was specifically repudiated; or
(2)
That no request for correction and retraction was made by the plaintiff.
(c)
Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the broadcast of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 6 - FRAUD AND DECEIT (§§ 51-6-1 — 51-6-4) › Section 51-6-1 - Right of action for fraud accompanied by damage

Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 6 - FRAUD AND DECEIT (§§ 51-6-1 — 51-6-4) › Section 51-6-2 - When misrepresentation of material fact actionable as deceit; effect of mere concealment; knowledge of falsehood essential to deceit; when knowledge implied

(a)
Willful misrepresentation of a material fact, made to induce another to act, upon which such person acts to his injury, will give him a right of action. Mere concealment of a material fact, unless done in such a manner as to deceive and mislead, will not support an action.
(b)
In all cases of deceit, knowledge of the falsehood constitutes an essential element of the tort. A fraudulent or reckless representation of facts as true when they are not, if intended to deceive, is equivalent to a knowledge of their falsehood even if the party making the representation does not know that such facts are false.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 6 - FRAUD AND DECEIT (§§ 51-6-1 — 51-6-4) › Section 51-6-3 - Letters to obtain credit

No action shall be sustained for deceit in a representation to obtain credit for another unless the misrepresentation is in writing and is signed by the party to be charged therewith.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 6 - FRAUD AND DECEIT (§§ 51-6-1 — 51-6-4) › Section 51-6-4 - Fraud by acts or silence; estoppel to assert title

(a)
A fraud may be committed by acts as well as words.
(b)
One who silently stands by and permits another to purchase his property, without disclosing his title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 1 - FALSE ARREST (§§ 51-7-1 — 51-7-4) › Section 51-7-1 - Right of action for false arrest

An arrest under process of law, without probable cause, when made maliciously, shall give a right of action to the party arrested.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 1 - FALSE ARREST (§§ 51-7-1 — 51-7-4) › Section 51-7-2 - Malice defined

Malice consists in personal spite or in a general disregard of the right consideration of mankind, directed by chance against the individual injured.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 1 - FALSE ARREST (§§ 51-7-1 — 51-7-4) › Section 51-7-3 - Lack of probable cause defined; question for jury

Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. Lack of probable cause shall be a question for the jury, under the direction of the court.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 1 - FALSE ARREST (§§ 51-7-1 — 51-7-4) › Section 51-7-4 - Arrest under civil process of person exempt from such arrest

The willful arrest, under civil process, of a person exempt by law from such arrest shall be deemed malicious until the contrary shall be proved.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 2 - FALSE IMPRISONMENT (§§ 51-7-20 — 51-7-22) › Section 51-7-20 - False imprisonment defined

False imprisonment is the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 2 - FALSE IMPRISONMENT (§§ 51-7-20 — 51-7-22) › Section 51-7-21 - Effect of good faith on liability for imprisonment under warrant

If imprisonment is by virtue of a warrant, neither the party who procured the warrant in good faith nor the officer who executed the warrant in good faith shall be liable for false imprisonment even if the warrant is defective in form or is void for lack of jurisdiction. In such cases, good faith must be determined from the circumstances. A judicial officer issuing a warrant in good faith shall not be liable for false imprisonment, provided that, when he has no jurisdiction, there shall be a presumption against such officer's good faith.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 2 - FALSE IMPRISONMENT (§§ 51-7-20 — 51-7-22) › Section 51-7-22 - False imprisonment by several persons

If false imprisonment is the act of several persons, they may be subject to an action jointly or separately. If jointly, all shall be responsible for the entire recovery.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 3 - MALICIOUS PROSECUTION (§§ 51-7-40 — 51-7-47) › Section 51-7-40 - Right of action for malicious prosecution

A criminal prosecution which is carried on maliciously and without any probable cause and which causes damage to the person prosecuted shall give him a cause of action.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 3 - MALICIOUS PROSECUTION (§§ 51-7-40 — 51-7-47) › Section 51-7-41 - Accrual of right of action

The criminal prosecution forming the basis for an action for malicious prosecution must be ended before the right of action for malicious prosecution accrues.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 3 - MALICIOUS PROSECUTION (§§ 51-7-40 — 51-7-47) › Section 51-7-42 - Inquiry before committing court or magistrate as prosecution

For purposes of this article, an inquiry before a committing court or a magistrate shall amount to a prosecution.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 3 - MALICIOUS PROSECUTION (§§ 51-7-40 — 51-7-47) › Section 51-7-43 - Lack of probable cause defined; question for jury

Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. Lack of probable cause shall be a question for the jury, under the direction of the court.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 3 - MALICIOUS PROSECUTION (§§ 51-7-40 — 51-7-47) › Section 51-7-44 - Inference of malice from lack of probable cause; rebuttal of inference

A total lack of probable cause is a circumstance from which malice may be inferred; however, the inference may be rebutted by proof.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 3 - MALICIOUS PROSECUTION (§§ 51-7-40 — 51-7-47) › Section 51-7-45 - Evidence in determination of probable cause

For consideration of the existence of probable cause, the evidence given during the criminal prosecution by the person accused of the malicious prosecution may be submitted to the jury by either party. The credibility of such evidence shall be determined by the jury.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 3 - MALICIOUS PROSECUTION (§§ 51-7-40 — 51-7-47) › Section 51-7-46 - Immunity of grand jurors from action for malicious prosecution; liability of person instigating presentment

(a)
No member of a grand jury shall be subject to an action for malicious prosecution based upon a presentment made by the grand jury.
(b)
If a presentment is made at the instigation of a third person, from malice on his part and without probable cause, he shall be liable to an action for malicious prosecution just as if he were named as prosecutor.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 3 - MALICIOUS PROSECUTION (§§ 51-7-40 — 51-7-47) › Section 51-7-47 - Measure of damages

Recovery in actions for malicious prosecution shall not be confined to the actual damage sustained by the accused but shall be regulated by the circumstances of each case.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 4 - DETENTION OR ARREST ON SUSPICION OF SHOPLIFTING (§§ 51-7-60 — 51-7-62) › Section 51-7-60 - Preclusion of recovery for detention of person suspected of theft under certain circumstances

Whenever the owner or operator of a retail establishment as defined in Code Section
16-7-2
or a food service establishment as defined in Code Section
26-2-370
or any agent or employee thereof detains or causes to be detained any person pursuant to Code Section
17-4-80
and any person who detains or causes to be detained a person while acting pursuant to Article 2 of Chapter 3 of Title 16 wherein the person so detained brings an action for false arrest or false imprisonment against such owner, operator, agent, employee, or person, no recovery shall be had by the plaintiff in such action when it is established by competent evidence:
(1)
That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention, was committing an:
(A)
Offense authorized for detention pursuant to Code Section
17-4-80
; or
(B)
Act which caused a detention which was justified as provided in Article 2 of Chapter 3 of Title 16; and
(2)
That the manner of the detention and the length of time during which such plaintiff was detained was under all the circumstances reasonable.
Amended by 2021 Ga. Laws 264,§ 7, eff. 5/10/2021.
Amended by 2014 Ga. Laws 566,§ 2-4, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 4 - DETENTION OR ARREST ON SUSPICION OF SHOPLIFTING (§§ 51-7-60 — 51-7-62) › Section 51-7-61 - Activation of antishoplifting device as constituting probable cause for detention; notice of such device to be posted

(a)
As used in this Code section, the term "antishoplifting or inventory control device" means a mechanism or other device designed and operated for the purpose of detecting the removal of specially marked or tagged merchandise from a mercantile establishment or similar enclosure or from a protected area within such an enclosure.
(b)
In the case of a mercantile establishment utilizing an antishoplifting or inventory control device, the automatic activation of the device as a result of a person exiting the establishment or a protected area within the establishment shall constitute reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator. Each detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device.
(c)
This Code section shall apply only with respect to mercantile establishments in which a notice has been posted in a clear and visible manner advising patrons of the establishment that an antishoplifting or inventory control device is being utilized in the establishment.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION (§§ 51-7-1 — 51-7-85) › Article 4 - DETENTION OR ARREST ON SUSPICION OF SHOPLIFTING (§§ 51-7-60 — 51-7-62) › Section 51-7-62 - Actions for false arrest and false imprisonment for individuals suspected of film piracy

Whenever the owner, operator, or lessee of a motion picture exhibition facility or any agent or employee of the owner, operator, or lessee detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in film piracy in violation of Code Section
16-8-62
and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, lessee, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:
(1)
That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of film piracy, as defined by Code Section
16-8-62
; or
(2)
That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable.
Added by 2004 Ga. Laws 663,§ 2, eff. 7/1/2004.