reglab/statecodes huggingface dataset:
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 5 - ABUSIVE LITIGATION (§§ 51-7-80 — 51-7-85) › Section 51-7-80 - Definitions

As used in this article, the term:
(1)
"Civil proceeding" includes any action, suit, proceeding, counterclaim, cross-claim, third-party claim, or other claim at law or in equity.
(2)
"Claim" includes any allegation or contention of fact or law asserted in support of or in opposition to any civil proceeding, defense, motion, or appeal.
(3)
"Defense" includes any denial of allegations made by another party in any pleading, motion, or other paper submitted to the court for the purpose of seeking affirmative or negative relief, and any affirmative defense or matter asserted in confession or avoidance.
(4)
"Good faith," when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that to the best of a person's or his or her attorney's knowledge, information, and belief, formed honestly after reasonable inquiry, that such civil proceeding, claim, defense, motion, appeal, or other position is well grounded in fact and is either warranted by existing law or by reasonable grounds to believe that an argument for the extension, modification, or reversal of existing law may be successful.
(5)
"Malice" means acting with ill will or for a wrongful purpose and may be inferred in an action if the party initiated, continued, or procured civil proceedings or process in a harassing manner or used process for a purpose other than that of securing the proper adjudication of the claim upon which the proceedings are based.
(6)
"Person" means an individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or unincorporated association of persons with capacity to sue or be sued.
(7)
"Without substantial justification," when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that such civil proceeding, claim, defense, motion, appeal, or other position is:
(A)
Frivolous;
(B)
Groundless in fact or in law; or
(C)
Vexatious.
(8)
"Wrongful purpose" when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position results in or has the effect of:
(A)
Attempting to unjustifiably harass or intimidate another party or witness to the proceeding; or
(B)
Attempting to unjustifiably accomplish some ulterior or collateral purpose other than resolving the subject controversy on its merits.
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 5 - ABUSIVE LITIGATION (§§ 51-7-80 — 51-7-85) › Section 51-7-81 - Liability for abusive litigation

Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts:
(1)
With malice; and
(2)
Without substantial justification.
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 5 - ABUSIVE LITIGATION (§§ 51-7-80 — 51-7-85) › Section 51-7-82 - Defenses

(a)
It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation within 30 days after the mailing of the notice required by subsection (a) of Code Section
51-7-84
or prior to a ruling by the court relative to the civil proceeding, claim, defense, motion, appeal, civil process, or other position, whichever shall first occur; provided, however, that this defense shall not apply where the alleged act of abusive litigation involves the seizure or interference with the use of the injured person's property by process of attachment, execution, garnishment, writ of possession, lis pendens, injunction, restraining order, or similar process which results in special damage to the injured person.
(b)
It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted acted in good faith; provided, however, that good faith shall be an affirmative defense and the burden of proof shall be on the person asserting the actions were taken in good faith.
(c)
It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted was substantially successful on the issue forming the basis for the claim of abusive litigation in the underlying civil proceeding.
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 5 - ABUSIVE LITIGATION (§§ 51-7-80 — 51-7-85) › Section 51-7-83 - Measure of damages

(a)
A plaintiff who prevails in an action under this article shall be entitled to all damages allowed by law as proven by the evidence, including costs and expenses of litigation and reasonable attorney's fees.
(b)
If the abusive litigation is in a civil proceeding of a court of record and no damages other than costs and expenses of litigation and reasonable attorney's fees are claimed, the procedures provided in Code Section
9-15-14
shall be utilized instead.
(c)
No motion filed under Code Section
9-15-14
shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable attorney's fees. Any ruling under Code Section
9-15-14
is conclusive as to the issues resolved therein.
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 5 - ABUSIVE LITIGATION (§§ 51-7-80 — 51-7-85) › Section 51-7-84 - Notice of claim asserted; when action must be brought

(a)
As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or statutory overnight delivery or some other means evidencing receipt by the addressee to any person against whom such injured person intends to assert a claim for abusive litigation and shall thereby give the person against whom an abusive litigation claim is contemplated an opportunity to voluntarily withdraw, abandon, discontinue, or dismiss the civil proceeding, claim, defense, motion, appeal, civil process, or other position. Such notice shall identify the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation.
(b)
An action or claim under this article requires the final termination of the proceeding in which the alleged abusive litigation occurred and must be brought within one year of the date of final termination.
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 5 - ABUSIVE LITIGATION (§§ 51-7-80 — 51-7-85) › Section 51-7-85 - Exclusive remedy

On and after April 3, 1989, no claim other than as provided in this article or in Code Section
9-15-14
shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abusive litigation, provided that claims filed prior to such date shall not be affected. This article is the exclusive remedy for abusive litigation.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-1 - Cause of action for interference with enjoyment of property

The right of enjoyment of private property being an absolute right of every citizen, every act of another which unlawfully interferes with such enjoyment is a tort for which an action shall lie.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-2 - Recovery of possession of lands; damages

The bare right to possession of lands shall authorize their recovery by the owner of such right, as well as damages for the withholding of such right.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-3 - Recovery for wrongful interference with possession of land

The bare possession of land shall authorize the possessor to recover damages from any person who wrongfully interferes with such possession in any manner.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-4 - Action for trespass by person having title

The person having title to lands, if no one is in actual possession under the same title with him, may bring an action for a trespass thereon. If a tenant is in possession and the trespass is one which injures the freehold, the owner or a remainderman or reversioner may still bring the action.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-5 - Effect of holding title when possession claimed by two persons

If two persons claim to have actual possession of the same land, the person having legal title shall be deemed to be in possession and the other person shall be considered a trespasser.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-6 - Damages for continuing trespass

Damages for a continuing trespass are limited to those which have occurred before an action is commenced. Subsequent damages flowing from a continuation of the trespass give a new cause of action.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-7 - Diversion, obstruction, or pollution of stream as trespass

The owner of land through which nonnavigable watercourses flow is entitled to have the water in such streams come to his land in its natural and usual flow, subject only to such detention or diminution as may be caused by a reasonable use of it by other riparian proprietors. The diverting of the stream in whole or in part from its natural and usual flow, or the obstructing thereof so as to impede its course or cause it to overflow or injure the land through which it flows or any right appurtenant thereto, or the polluting thereof so as to lessen its value to the owner of such land shall constitute a trespass upon the property.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-8 - Interference with underground streams

The course of a stream of water underground and its exact condition before its first use are so difficult of ascertainment that trespass may not be brought for any supposed interference with the rights of a proprietor.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-9 - Interference with rights of owner above and below surface of property

The owner of realty has title downwards and upwards indefinitely; and an unlawful interference with his rights, either below or above the surface, gives him a right of action.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-10 - Interference with right of way or right of common

The unlawful interference with a right of way or a right of common constitutes a trespass to the party entitled thereto.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-11 - Slander or libel concerning title to land

The owner of any estate in lands may bring an action for libelous or slanderous words which falsely and maliciously impugn his title if any damage accrues to him therefrom.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 9 - INJURIES TO REAL ESTATE (§§ 51-9-1 — 51-9-12) › Section 51-9-12 - [Unlawful entry of false or forged deed or other instrument]

(a)
In addition to any other remedy that may be available at law or in equity, the owner of any real property may bring an action against an individual who has knowingly filed, entered, or recorded, or caused to be filed, entered, or recorded, in any public record a false or forged deed or other instrument purporting to convey the owner's interest to such real property to such individual or a third party or purporting to encumber the owner's interest in such real property to:
(1)
Recover the owner's actual damages caused by the filing, entering, or recording of such false or forged deed or other instrument or $5,000.00, whichever is greater; and
(2)
Recover the owner's costs incurred in bringing such action, including reasonable attorney's fees.
(b)
Nothing in this Code section shall be construed as creating a cause of action against any public official or employee, including, without limitation, a clerk of the superior court or any employee or agent of a clerk of the superior court, for actions taken in the performance of his or her duties.
Added by 2024 Ga. Laws 549,§ 2-3, eff. 5/2/2024.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 10 - INJURIES TO PERSONALTY (§§ 51-10-1 — 51-10-6) › Section 51-10-1 - Right of action for deprivation of possession of personalty

The owner of personalty is entitled to its possession. Any deprivation of such possession is a tort for which an action lies.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 10 - INJURIES TO PERSONALTY (§§ 51-10-1 — 51-10-6) › Section 51-10-2 - Who may bring an action for interference with possession of chattel

Interference with the mere possession of a chattel, even if the possession is without title or is wrongful, shall give a right of action to the possessor, except as against the true owner or the person wrongfully deprived of possession.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 10 - INJURIES TO PERSONALTY (§§ 51-10-1 — 51-10-6) › Section 51-10-3 - Abuse of or damage to personalty as trespass

Any unlawful abuse of or damage done to the personal property of another constitutes a trespass for which damages may be recovered.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 10 - INJURIES TO PERSONALTY (§§ 51-10-1 — 51-10-6) › Section 51-10-4 - Rights of action of bailee and bailor for trespass

Where the possession of personalty is in a bailee, a trespass committed during the existence of the bailment shall give a right of action to the bailee for the interference with his special property and a concurrent right of action to the bailor for the interference with his general property.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 10 - INJURIES TO PERSONALTY (§§ 51-10-1 — 51-10-6) › Section 51-10-5 - Right of action for injury to remainder or reversionary interest in personalty; joint action with tenant in possession

A remainderman or reversioner of personalty may bring an action against a wrongdoer for any injury tending to destroy the existence or ultimate value of the property. In such cases the tenant in possession may bring an action jointly with the remainderman or reversioner for the injury to the entire estate, the recovery being held under like limitations.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-1 - Authorization to act as justification; effect of plea

If the defendant in a tort action was authorized to do the act complained of, he may plead such authorization as justification. The effect of such plea is to admit that the act was done and to entitle the defendant to all the privileges of one holding the affirmative of the issue. Such plea, however, shall not give the defendant the right to open and conclude the argument before the jury unless it is filed before the plaintiff submits any evidence to the jury.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-2 - Effect of consent

As a general rule no tort can be committed against a person consenting thereto if that consent is free, is not obtained by fraud, and is the action of a sound mind. The consent of a person incapable of consenting, such as a minor, may not affect the rights of any other person having a right of action for the injury.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-3 - Extenuation and mitigation of damages

Circumstances not amounting to justification may be pleaded in extenuation and mitigation of damages.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-4 - Arbitrament and award

Arbitrament and award constitute a good defense to a tort action, and the rules applied to this defense in a contract action apply equally to tort actions.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-5 - Former recovery and pendency of another action

Former recovery and the pendency of another action are good defenses in tort actions and are subject to the same rules as when applied to contracts.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-6 - Infancy

Infancy is no defense to a tort action so long as the defendant has reached the age of discretion and accountability prescribed by Code Section
16-3-1
for criminal offenses.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-7 - Effect of plaintiff's failure to avoid consequences of defendant's negligence

If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant's negligence, he is not entitled to recover. In other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-8 - Liability of person employed by compressed gas dealer who provides assistance upon request of law enforcement agency

(a)
Any person employed by a licensed compressed gas dealer who provides assistance upon request of any law enforcement agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of liquefied petroleum gas, when the reasonably apparent circumstances require prompt decisions and actions, shall not be liable for any civil damages resulting from any act of commission or omission on his part in the course of his rendering such assistance unless such acts or omissions amount to willful or wanton negligence or intentional wrongdoing. Nothing in this Code section shall be deemed or construed to relieve any person from liability for civil damages:
(1)
where the accident or emergency referred to in this subsection involved his own facilities or equipment or
(2)
resulting from any act of commission or omission on his part in the course of providing care or assistance in the normal and ordinary course of conducting his own business or profession, nor shall this Code section be construed to relieve from liability for civil damages any other tort-feasor not referred to in this Code section.
(b)
Nothing in subsection (a) of this Code section applies to the rendering of such care, assistance, or advice where the same is rendered for remuneration beyond reimbursement for out-of-pocket expenses in connection therewith, or with the expectation of such remuneration, from the recipient or recipients of such care, assistance, or advice or someone on his or their behalf.
(c)
Subsection (a) of this Code section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, willful, or wanton misconduct shall constitute gross negligence.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-9 - Immunity from civil liability for threat or use of force in defense of habitation

A person who is justified in threatening or using force against another under the provisions of Code Section
16-3-20
, relating to justification as a defense, Code Section
16-3-21
, relating to the use of force in defense of self or others, Code Section
16-3-23
, relating to the use of force in defense of a habitation, Code Section
16-3-24
, relating to the use of force in defense of property other than a habitation, or Code Section
17-4-20
, relating to arrests and use of force by law enforcement officers, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.
Amended by 2024 Ga. Laws 545,§ 2, eff. 5/2/2024.
Amended by 2006 Ga. Laws 599,§ 3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 1 - GENERAL PROVISIONS (§§ 51-11-1 — 51-11-10) › Section 51-11-10 - Property owner selling timber not liable for trespass or conversion of property caused by third party; establishment of property boundaries

There shall be a rebuttable presumption that a property owner selling timber from his or her land and acting in good faith shall not be liable to adjoining landowners for any trespass or conversion of property caused by a third party timber harvester who is not subject to the control and direction of the property owner selling timber if, prior to the harvesting of such timber:
(1)
A land surveyor possessing a certificate of registration issued by the State Board of Registration for Professional Engineers and Land Surveyors has surveyed the property from which the timber is to be harvested and plainly established and clearly marked the metes and bounds of the property such that a reasonable person would know or should have known of the existence of such markings when harvesting the timber and has provided a copy of that survey to the third-party timber harvester;
(2)
The boundaries of the property from which timber is sold have been completely and accurately indicated using physical markers that are clearly visible such that a reasonable person would know or should have known of the existence of such physical markers; or
(3)
The property owner has obtained a document indicating where the boundaries are and signed by adjoining landowners indicating that they agree on the location of such boundaries and has provided a copy of such document to the third-party timber harvester; provided, however, that such document shall only create a presumption in favor of the property owner with regard to those landowners who have signed such document.
Added by 2014 Ga. Laws 619,§ 6, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 2 - SATISFACTION (§§ 51-11-20 — 51-11-21) › Section 51-11-20 - Satisfaction and settlement of tort authorized; what agreements allowed where tort constitutes crime

(a)
If a tort does not amount to a crime, the person injured may consent to a satisfaction and settlement thereof.
(b)
(1)
If a tort amounts to a crime, the person injured may agree upon and receive compensation for the personal injury.
(2)
However, any attempt to satisfy the public offense or to suppress a prosecution therefor is illegal and will vitiate the entire agreement, except in those cases for which the law expressly allows such a settlement. Such an attempt to satisfy or to suppress prosecution of a public offense which amounts to a felony is itself an offense under this Code; and, even if executed, an agreement to this effect shall be no defense to an action for the tort. If the offense does not amount to a felony and the agreement is fully executed, such agreement shall constitute satisfaction for the private tort.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 11 - DEFENSES TO TORT ACTIONS (§§ 51-11-1 — 51-11-21) › Article 2 - SATISFACTION (§§ 51-11-20 — 51-11-21) › Section 51-11-21 - Tender of damages in tort action; effect of continuing tender

A person committing a tort may, before or after an action is brought, tender to the person injured such an amount of damages as in his judgment will cover the injury; and, if the same shall be rejected, he may deposit the amount in the office of the clerk of the superior court of the county of his residence as a continuing tender; and, if the jury trying the cause shall give no more damages than the amount tendered, the plaintiff shall recover no costs accruing subsequently to the time of the tender.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-1 - Types of damages; evidence admissible in actions involving special damages

(a)
Damages may be either general or special, direct or consequential.
(b)
In any civil action, whether in tort or in contract, for the recovery of damages arising from a tortious injury in which special damages are sought to be recovered or evidence of same is otherwise introduced by the plaintiff, evidence of all compensation, indemnity, insurance (other than life insurance), wage loss replacement, income replacement, or disability benefits or payments available to the injured party from any and all governmental or private sources and the cost of providing and the extent of such available benefits or payments shall be admissible for consideration by the trier of fact. The trier of fact, in its discretion, may consider such available benefits or payments and the cost thereof but shall not be directed to reduce an award of damages accordingly.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-2 - General and special damages distinguished; when recovered

(a)
General damages are those which the law presumes to flow from any tortious act; they may be recovered without proof of any amount.
(b)
Special damages are those which actually flow from a tortious act; they must be proved in order to be recovered.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-3 - Direct and consequential damages distinguished

(a)
Direct damages are those which follow immediately upon the doing of a tortious act.
(b)
Consequential damages are those which are the necessary and connected effect of a tortious act, even though they are to some extent dependent upon other circumstances.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-4 - Damages given as compensation for injury; measure of damages generally; nominal damages

Damages are given as compensation for injury; generally, such compensation is the measure of damages where an injury is of a character capable of being estimated in money. If an injury is small or the mitigating circumstances are strong, nominal damages only are given.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-5 - Additional damages for aggravating circumstances

(a)
In a tort action in which there are aggravating circumstances, in either the act or the intention, the jury may give additional damages to deter the wrongdoer from repeating the trespass or as compensation for the wounded feelings of the plaintiff.
(b)
This Code section shall apply only to causes of action for torts arising before July 1, 1987.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-6 - Damages for injury to peace, happiness, or feelings

In a tort action in which the entire injury is to the peace, happiness, or feelings of the plaintiff, no measure of damages can be prescribed except the enlightened consciences of impartial jurors. In such an action, punitive damages under Code Section
51-12-5
or Code Section
51-12-5.1
shall not be awarded.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-7 - Recovery of necessary expenses

In all cases, necessary expenses consequent upon an injury are a legitimate item in the estimate of damages.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-9 - How remoteness ascertained

Damages which are the legal and natural result of the act done, though contingent to some extent, are not too remote to be recovered. However, damages traceable to the act, but which are not its legal and natural consequence, are too remote and contingent to be recovered.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-10 - Exception to rule against recovery of remote damages

When a tort is committed, a contract is broken, or a duty is omitted with knowledge and for the purpose of depriving the plaintiff of certain contemplated benefits, the remote damages occasioned thereby become a proper subject for the consideration of the jury.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-11 - Mitigation of damages required; exception

When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-12 - Court interference with jury verdict as to damages

(a)
The question of damages is ordinarily one for the jury; and the court should not interfere with the jury's verdict unless the damages awarded by the jury are clearly so inadequate or so excessive as to be inconsistent with the preponderance of the evidence in the case.
(b)
If the jury's award of damages is clearly so inadequate or so excessive as to any party as to be inconsistent with the preponderance of the evidence, the trial court may order a new trial as to damages only, as to any or all parties, or may condition the grant of such a new trial upon any party's refusal to accept an amount determined by the trial court.
(c)
Only one grant of a new trial by the judge may be based upon the powers conferred by this Code section. The first grant of a new trial other than one ordered under this Code section and which order granting the new trial is not based on this Code section shall remain governed by Code Section
5-5-50
.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-13 - Reduction of expenses, wages, and other damages to present value

(a)
In determining the present value of future medical expenses, living expenses, lost wages, or other economic damages, the trier of fact may reduce the same to the present value based on a discount rate of 5 percent or any other discount rate as the trier of fact may deem appropriate.
(b)
This Code section shall not be construed to provide for the introduction of evidence showing the cost of any specific private investment product, including, but not limited to, an annuity.
Amended by 2013 Ga. Laws 241,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 1 - GENERAL PROVISIONS (§§ 51-12-1 — 51-12-14) › Section 51-12-14 - Unliquidated Damages Interest Act; procedure for demand of unliquidated damages in tort actions; when interest may be recovered

(a)
Where a claimant has given written notice by registered or certified mail or statutory overnight delivery to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing or delivering of the notice, the claimant shall be entitled to receive interest on the amount demanded if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the amount demanded. However, if, at any time after the 30 days and before the claimant has withdrawn his or her demand, the person against whom such claim is made gives written notice by registered or certified mail or statutory overnight delivery of an offer to pay the amount of the claimant's demand plus interest under this Code section through the date such notice is given, and such offer is not accepted by the person making the demand for unliquidated damages within 30 days from the mailing or delivering of such notice by the person against whom such claim is made, the claimant shall not be entitled to receive interest on the amount of the demand after the thirtieth day following the date on which the notice of the offer is mailed or delivered even if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum demanded pursuant to this Code section.
(b)
Any written notice referred to in subsection (a) of this Code section shall specify that it is being given pursuant to this Code section.
(c)
The interest provided for by this Code section shall be at an annual rate equal to the prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it, on the thirtieth day following the date of the mailing of the last written notice plus 3 percent, and shall begin to run from the thirtieth day following the date of the mailing or delivering of the written notice until the date of judgment. This subsection shall apply to all civil actions filed on or after July 1, 2003.
(d)
Evidence or discussion of interest on liquidated damages, as well as evidence of the offer, shall not be submitted to the jury. Interest shall be made a part of the judgment upon presentation of evidence to the satisfaction of the court that this Code section has been complied with and that the verdict of the jury or the award by the judge trying the case without a jury is equal to or exceeds the amount claimed in the notice.
(e)
This Code section shall be known and may be cited as the "Unliquidated Damages Interest Act."
Amended by 2003 Ga. Laws 363,§ 6, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 2 - JOINT TORT-FEASORS (§§ 51-12-30 — 51-12-33) › Section 51-12-30 - Procurer of wrong as joint wrongdoer; how action brought against joint wrongdoer

In all cases, a person who maliciously procures an injury to be done to another, whether an actionable wrong or a breach of contract, is a joint wrongdoer and may be subject to an action either alone or jointly with the person who actually committed the injury.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 2 - JOINT TORT-FEASORS (§§ 51-12-30 — 51-12-33) › Section 51-12-31 - Recovery against joint trespassers

Except as provided in Code Section
51-12-33
, where an action is brought jointly against several persons, the plaintiff may recover damages for an injury caused by any of the defendants against only the defendant or defendants liable for the injury. In its verdict, the jury may specify the particular damages to be recovered of each defendant. Judgment in such a case must be entered severally.
Added by 2005 Ga. Laws 1,§ 12, eff. 2/16/2005.
See 2005 Ga. Laws 1, § 15.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 2 - JOINT TORT-FEASORS (§§ 51-12-30 — 51-12-33) › Section 51-12-32 - Right of contribution among joint trespassers; effect of settlement

(a)
Except as provided in Code Section
51-12-33
, where a tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if an action had been brought against them jointly. Without the necessity of being charged by action or judgment, the right of a joint trespasser to contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom.
(b)
If judgment is entered jointly against several trespassers and is paid off by one of them, the others shall be liable to him for contribution.
(c)
Without the necessity of being charged by an action or judgment, the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 3 - DAMAGES FOR CONVERSION OF TIMBER (§§ 51-12-50 — 51-12-51) › Section 51-12-50 - Measure of damages for converted timber; presumption

(a)
When a plaintiff, other than a plaintiff under Code Section
51-12-51
, recovers for timber cut or cut and carried away, the measure of damages shall be:
(1)
Treble the fair market value of the trees cut as they stood;
(2)
Treble the diminished fair market value of any trees incidentally harmed;
(3)
Costs of reasonable reforestation activities related to the plaintiff's injury; and
(4)
Attorney fees and expenses of litigation.
(b)
When the defendant is a willful trespasser, the plaintiff may also recover punitive damages.
(c)
When the boundary lines of the property have been clearly and accurately marked, it shall be presumed that the defendant was a willful trespasser.
Amended by 2021 Ga. Laws 255,§ 1, eff. 7/1/2021.
Amended by 2014 Ga. Laws 619,§ 7, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 3 - DAMAGES FOR CONVERSION OF TIMBER (§§ 51-12-50 — 51-12-51) › Section 51-12-51 - Recovery by person holding security interest in land for conversion of timber; use of converted timber by owner

(a)
Every person, firm, or corporation who, without the written consent of the person holding legal title to land or to an interest in land as security for debt, as shown by the public records of the county where such land is located, buys, sells, cuts, removes, holds, disposes of, changes the form of, or otherwise converts to the use of such person, firm, corporation, or another any trees growing or grown on such land shall be liable to the holder of the legal title for such trees, in any form, bought, sold, cut, removed, held, disposed of, changed in form, or otherwise converted by such person, firm, or corporation, or for the value of such trees, provided that recovery may not be for more than the unpaid portion of the secured indebtedness, interest thereon, and a reasonable attorney's fee. Recovery may be had by action at law from one who purchases, without the consent of the holder of the legal title, such interest in the trees, mineral or other rights, or interest in the encumbered real estate, either jointly or severally, with the holder of the equitable title. Notwithstanding any other provision of law, any such person, firm, or corporation who is a buyer in the ordinary course of business pursuant to Title 11, the "Uniform Commercial Code," including, but not limited to, Code Section
11-9-320
, shall have no liability under this Code section.
(b)
The equitable owner of the land shall be allowed to use the timber for such equitable owner's own use, such as for firewood or other necessary uses of timber in and around such equitable owner's farm.
Amended by 2021 Ga. Laws 255,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 4 - [GEORGIA STRUCTURED SETTLEMENT PROTECTION ACT] (§§ 51-12-71 — 51-12-80) › Section 51-12-71 - Short title

This article shall be known and may be cited as the "Georgia Structured Settlement Protection Act."
Added by 2021 Ga. Laws 275,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 4 - [GEORGIA STRUCTURED SETTLEMENT PROTECTION ACT] (§§ 51-12-71 — 51-12-80) › Section 51-12-75 - Transfer orders as qualified orders under federal statutes

A transfer order signed by a Georgia court of competent jurisdiction in accordance with this article shall constitute a qualified order under
26 U.S.C. Section 5891
. A transfer order signed by a Georgia court of competent jurisdiction after July 1, 2021, where the transferee is not a registered structured settlement purchase company at the time the transfer order is signed shall not constitute a qualified order under
26 U.S.C. Section 5891
.
Added by 2021 Ga. Laws 275,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 4 - [GEORGIA STRUCTURED SETTLEMENT PROTECTION ACT] (§§ 51-12-71 — 51-12-80) › Section 51-12-76 - Separate disclosure statement provided to payee; requirements

Not less than ten days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 point font, setting forth the following:
(1)
The amounts and due dates of the structured settlement payments to be transferred;
(2)
The aggregate amount of such payments;
(3)
The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities," and the amount of the Applicable Federal Rate used in calculating such discounted present value;
(4)
The gross advance amount;
(5)
An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements, payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;
(6)
The effective annual interest rate, which must be disclosed in a statement in the following form: "On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect, be paying interest to us at a rate of __________________ percent per year.";
(7)
The net advance amount;
(8)
The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee;
(9)
That the payee has the right to cancel the transfer agreement, without penalty or further obligation, until the transfer is approved by the court;
(10)
That the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to transfer any structured settlement payment rights; and
(11)
That the payee has the right to seek out and consider additional offers for transferring the structured settlement payments and should do so.
Amended by 2022 Ga. Laws 782,§ 51, eff. 5/2/2022.
Added by 2021 Ga. Laws 275,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 4 - [GEORGIA STRUCTURED SETTLEMENT PROTECTION ACT] (§§ 51-12-71 — 51-12-80) › Section 51-12-77 - Approval of transfer by court order; requirements

No direct or indirect transfer of structured settlement payment rights shall be effective, and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee or assignee of structured settlement payment rights, unless the transfer has been approved in advance in a final court order based on express findings by such court that all of the following apply:
(1)
The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
(2)
The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer, and has either received such advice or knowingly waived in writing the opportunity to seek and receive such advice; and
(3)
The transfer does not contravene any applicable statute or the order of any court or other government authority.
Added by 2021 Ga. Laws 275,§ 1, eff. 7/1/2021.