Georgia Torts Distinctions

Question 1

Incapacity Defenses

Answer 1

Georgia provides by statute that infancy is a defense in tort actions for children under age 13

Question 2

Trespass to Chattels Damages

Answer 2

At common law, actual damages are required.

Georgia law does not require proof of damages. If plaintiff makes out a case for recovery except for proving actual damages, they will be entitled to nominal damages.

Question 3

Defense of Property

Intnetional Torts

Answer 3

At common law, one may use reasonable force to prevent the commission of a tort against their property, but may not use force that will cause death or serious bodily harm.

In Georgia, a person is justified in using deadly force in defense of habitation when, based on reasonable belief:

1. the entry is made or attempted in a violent manner and entails a serious threat of bodily harm to an occupant;
2. the force is used against the person who is unlawfully and forcibly entering the habitation and the person is not a member of the household; or
3. the entry is made or attempted for the purpose of committing a felony and such force is necessary to prevent the felony.

Deadly force may be used in defense of property other than habitation based on reasonable belief that it is necessary to prevent the commission of a forcible felony.

Question 4

Children, Minimum Age for Capacity to Be Negligent

Negligence

Answer 4

At common law, usually five

In Georgia, a child sued in a negligence action has an absolute defense if they were less than 13 years old at the time of the alleged tort. Note that a different rule applies to a child’s contributory negligence.

Question 5

Statutory Standards of Care, Effect of Violation

Negligence

Answer 5

At common law, an unexcused statutory violation is negligence per se, which menas that the plaintiff establishes a conclusive presumption of duty and breach of duty.

Georgia provides that a tort cause of action will not be implied from the violation of a criminal statute enacted after July 1, 2010. The right to a civil action must be expressly stated in the statute or exist independly of the statute for a tort action to be brought.