2. Negligence

Question 1

What is the liability for Rescurers/Good Samaritans in Georgia?

Answer 1

Individuals providing good-faith emergency care at an accident scene are not liable for civil damages, even if they are licensed healthcare professionals.

Question 2

What is the Public Duty Doctrine in Georgia?

Answer 2

Georgia follows the public duty doctrine for municipalities, meaning they are not generally liable for failing to provide police protection unless there’s a special relationship. To prove this, the plaintiff must show:
* explicit assurance by the municipality
* knowledge of potential harm
* justifiable reliance by the injured party on the municipality’s promise.

Question 3

What is the Rule for Negligent Infliction of Emotional Distress in Georgia?

Answer 3

Georgia adheres to the ‘impact rule,’ by which a plaintiff must demonstrate an impact resulting in either a physical injury or another type of personal injury as to reputation.

Question 4

What if the emotional distress is not accompanied by personal injury?

Answer 4

Recovery is allowed only if the conduct was malicious, willful, or wanton.

Question 5

Does Georgia permit Bystander Actions?

Answer 5

Georgia does not permit bystander actions except in cases where a parent and child are physically injured through another’s negligence and the parent witnesses the child’s suffering and death.

Question 6

What is an Invitee in Georgia?

Answer 6

If the injured person is on the property for mutual business benefit, they are considered an invitee owed a higher duty of care.

Question 7

What is a landowner’s duty of care to known trespassers in Georgia?

Answer 7

A landowner must exercise reasonable care in conducting operations on the property and must refrain from willful and wanton conduct. There is no duty to warn of hidden dangers unless the landowner observes the trespassers in a position of peril.

Question 8

What is the Automobile Guest Statute in Georgia?

Answer 8

The operator of a motor vehicle owes to passengers the same duty of ordinary care owed to others.

Question 9

What is the standard of care for Children in Georgia?

Answer 9

Georgia grants tort immunity to children under 13 years old, shielding them from lawsuits.

Question 10

What is the standard of care for professionals in Georgia?

Answer 10

Georgia law requires professionals to meet the standard of care common in their profession under similar conditions.

Question 11

What is the standard of care for a doctor who performs a procedure without informed consent in Georgia?

Answer 11

A doctor may be liable for battery and negligence (malpractice). Informed consent is obtained after informing the patient of:
* The diagnosis of the condition
* The nature and purpose of the procedure
* The material risk generally recognized by reasonably prudent physicians
* The likelihood of the procedure’s success
* Any practical, generally recognized alternatives to the procedure
* The prognosis if the procedure is not performed.

Question 12

What is Contributory Negligence in Georgia?

Answer 12

Contributory negligence occurs when the plaintiff’s actions were a proximate cause of their injury or when they could have prevented harm by being reasonably careful. It bars recovery.

Question 13

What is Comparative Negligence in Georgia?

Answer 13

Comparative negligence principles apply only when the negligence of the plaintiff and the defendant together constituted the proximate cause of the injury.

Question 14

What is Partial Comparative Negligence in Georgia?

Answer 14

Partial comparative negligence applies when both plaintiff and defendant together cause the injury.
* If the plaintiff’s negligence is less than the defendant’s, they can recover for the defendant’s proportionate share.
* If the plaintiff’s negligence equals or exceeds the defendant’s, they can’t recover.

Question 15

What is the plaintiff’s percentage of negligence in a case involving jointly and severally liable defendants in Georgia?

Answer 15

The plaintiff’s percentage of negligence is compared to the aggregate percentage of all the defendants’ negligence.

Question 16

What is the plaintiff’s percentage of negligence in a case that does NOT involve Jointly and Severally liable defendants?

Answer 16

The plaintiff’s percentage of negligence is compared to that of each defendant.

Question 17

Can a child under age 13 be contributorily negligent?

Answer 17

Whether a child under age 13 can be contributorily negligent depends upon that child’s mental and physical capabilities. Most Georgia courts have held that a child under age six cannot be contributorily negligent.

Question 18

What is the ‘last clear chance’ doctrine in Georgia?

Answer 18

If a plaintiff is in a perilous situation they cannot escape, the defendant can still be liable if they could have avoided the accident by using ordinary care but failed to do so.

Question 19

What is the defense of assumption of risk in Georgia?

Answer 19

Applies if the defendant proves that the plaintiff knew of and appreciated a specific danger and voluntarily exposed themselves to it. This defense may be implied and, when proved, is a complete bar to recovery.