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Torts
Common Torts + GA Distinctions
| Question | Answer |
|---|---|
| Effect of a party dying during a tort claim | No tort action is abated as a result of party's death during the action. Personal representatives may continue with the action. |
| Wrongful Death Plaintiffs & Damages | Possible plaintiffs: Surviving Spouse, Child or Parent Damages: measured by the loss of the decedent spouse's consortium or companionship determined by the "enlightened conscience of impartial jurors" |
| Negligent Infliction of Emotional Distress Claim | GA doesn't follow zone of danger rule. Requires physical impact to the P caused by the D & the physical impact causing the mental suffering. Parent may recover under the Common Force Rule when child dies from impact that impacts parent |
| Family Purpose Doctrine (vehicles) | Vehicle owner has vicarious liability when a family member drives vehicle that causes accident if owner permitted member to drive, exercised agency over member, and vehicle used for family purpose. |
| Med. Malpractice Procedural Requirement | The complaint must be accompanied by an affidavit |
| Good Samaritan Law | ANY person (including licensed) who in good faith renders EMERGENCY care at scene of accident without any charge is not liable for civil damages. |
| Charitable Immunity | Immunity for incorporated hospitals for negligence of employees against claims by persons who do not pay for medical services. Does not apply if hosp fails to exercise care in selection or retention of his officers/servants. |
| Medical Malpractice Informed Consent Claims | Only applies to diagnostic or surgical procedures. Consent must be obtained after P receives diagnostic, nature & purpose of procedure, risks, success chances, alternatives, prognosis. |
| Standard of Proof for Med Malpractice - Emergency, Surgical & OB context | Gross Negligence by Clear & Convincing Evidence |
| Childhood tort liability | In GA, children 13 and under are statutorily immune from all tort liability |
| Liability if dog kills livestock | If not on keeper's premises, keeper will be liable for damages & costs of action. |
| Liability if dog bites person | Not strict liability unless violation of leash law or dangerous propensity (first bite rule) FBR: (1) dog was dangerous & (2) owner knew it. |
| Premises liability of owner to invitee | Invitee aka customer - Duty of ordinary care |
| Premises liability of owner to licensee | Licensee aka social guest - liable for willful or wanton injury |
| Premises liability to trespasser | no duty except to not cause wanton or willful injury Except: Attractive nuisance doctrine |
| Nuisance | A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. |
| Interference with business relations | Acted improperly w/r/t P's business relations w/ 3rd party Lacked privilege Intended to induce 3rd party & P harm caused by D |
| Abusive Litigation | Takes part in civil proceedings against another if such person acts w/ malice & without substantial justification. P must issue written notice. D has affirmative defenses (1) withdraw (2) good faith (3) success on claim. |
| Examples of when damages are presumed in slander | Imputing to another a crime punishable by law Alleging contagious disorder or guilty of debasing act Making allegations against person w/ ref to profession |
| Elements of defamation | defamatory statement of and concerning P Publication to 3P Damages |
| Libel | Two types: Per se - special damages are presumed. Defamatory meaning facially evident. Per Quod - special damages must be proven. Defamatory meaning only to those w knowledge of extrinsic facts. |
| Respondeat Superior in Slander | Not applicable unless master directed agent to make statement. |
| Strict Product Liability | Manuf. of a new product that is sold directly or through a third party is subject to tort liability from any person who uses, consumes or is affected; sustains injury to himself or property; if the product was not merchantable or reasonably suited to use |
| Comparative Negligence | GA adheres to this. Limits amount of recovery. Damages are diminished by the jury in proportion to the degree of fault attributable to P. If fault of P = or > D, acts as a bar. |
| GA Torts Claims Act | Waives sovereign immunity for torts of STATE emp that occur when acting within scope of employment. -Doesnt apply to local gov't, discretionary duties, failure to exer. due care implementing law, failing 2 provide services, intent torts, insurance |
| GA Torts Claims Act Damage Limit | $1MM per occurrence per person; $3mm per occurrence total aggregate liability |
| Shopkeepers Privilege | Detention of a purported shoplifter is privileged if (1) P had behaved in manner as to cause reasonable man to believe P was shoplifting OR (2) that the manner of detention or arrest was under all circumstances reasonable |
| Types of damages | General - Pain & Suffering (presumed) Special - lost wages, expenses, med care, funeral (must be proven) Compensatory - actual damages, loss of property, etc |
| Punitive damages available when | Aggravating circumstances exist. Tortious conduct showed fraud, wantonness, entire want of care. Capped at $250k exc: product liability & when D acted w/ intent to cause harm or when D acted while under influence. |
| Collateral Source Rule | Permits P to recover damages from D even when P has a 3rd party source of compensation. Inadmissible as evidence too. |
Created by:
tkierner
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