2. Negligence Flashcards
What is the liability for Rescurers/Good Samaritans in Georgia?
Individuals providing good-faith emergency care at an accident scene are not liable for civil damages, even if they are licensed healthcare professionals.
What is the Public Duty Doctrine in Georgia?
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.
What is the Rule for Negligent Infliction of Emotional Distress in Georgia?
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.
What if the emotional distress is not accompanied by personal injury?
Recovery is allowed only if the conduct was malicious, willful, or wanton.
Does Georgia permit Bystander Actions?
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.
What is an Invitee in Georgia?
If the injured person is on the property for mutual business benefit, they are considered an invitee owed a higher duty of care.
What is a landowner’s duty of care to known trespassers in Georgia?
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.
What is the Automobile Guest Statute in Georgia?
The operator of a motor vehicle owes to passengers the same duty of ordinary care owed to others.
What is the standard of care for Children in Georgia?
Georgia grants tort immunity to children under 13 years old, shielding them from lawsuits.
What is the standard of care for professionals in Georgia?
Georgia law requires professionals to meet the standard of care common in their profession under similar conditions.
What is the standard of care for a doctor who performs a procedure without informed consent in Georgia?
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.
What is Contributory Negligence in Georgia?
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.
What is Comparative Negligence in Georgia?
Comparative negligence principles apply only when the negligence of the plaintiff and the defendant together constituted the proximate cause of the injury.
What is Partial Comparative Negligence in Georgia?
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.
What is the plaintiff’s percentage of negligence in a case involving jointly and severally liable defendants in Georgia?
The plaintiff’s percentage of negligence is compared to the aggregate percentage of all the defendants’ negligence.
What is the plaintiff’s percentage of negligence in a case that does NOT involve Jointly and Severally liable defendants?
The plaintiff’s percentage of negligence is compared to that of each defendant.
Can a child under age 13 be contributorily negligent?
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.
What is the ‘last clear chance’ doctrine in Georgia?
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.
What is the defense of assumption of risk in Georgia?
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.
Damages-Negligence
In Georgia, a plaintiff in a negligence action may recover several types of damages, including compensatory, punitive, and nominal damages, depending on the circumstances of the case
Compensatory Damages (Actual Damages)
Two Types
- Economic (Special) Damages – Tangible, out-of-pocket expenses.
- Non-Economic (General) Damages – Intangible losses:
Four types of Economic (Special) Damages
- Medical Expenses – Past and future costs for hospital stays, surgeries, medications, rehabilitation, therapy, and other medical treatments.
- Lost Wages and Loss of Earning Capacity – Income lost due to the injury and potential future earnings if the injury affects the plaintiff’s ability to work.
- Property Damage – Costs to repair or replace damaged property, such as vehicles in a car accident.
- Other Out-of-Pocket Expenses – Costs such as travel expenses for medical care, home modifications for disabilities, or replacement services (e.g., housekeeping).
Five Types of Non-Economic (General Damages):
- Pain and Suffering – Physical and emotional distress caused by the injury.
- Mental Anguish – Anxiety, depression, PTSD, or emotional trauma related to the injury.
- Loss of Consortium – Compensation for the negative impact on a spouse or family’s relationship due to the injury.
- Disfigurement and Disability – Compensation for permanent scarring, loss of limb, or other lasting impairments.
- Loss of Enjoyment of Life – If the injury prevents the plaintiff from engaging in hobbies, social activities, or daily life activities they previously enjoyed.
