Rule Statements from GA Torts Essays Flashcards
Does Georgia recognize a distinct tort of negligent infliction of emotional distress for bystanders?
No, Georgia does not recognize a distinct tort of negligent infliction of emotional distress for bystanders who are in the ‘zone of danger’ but suffered no physical impact and injury.
Can a parent recover for emotional distress if their child dies due to another’s negligence in Georgia?
Yes, a parent may recover for serious emotional distress from witnessing the child’s suffering and death if both sustain a direct physical impact and physical injuries.
What is the statute of limitations for strict liability actions against manufacturers in Georgia?
Actions must be brought within 10 years of the first sale of the product to a consumer.
Who is entitled to recover damages in cases of wrongful death of a child without a spouse or child?
Parents living together and not divorced are entitled to jointly recover damages for the full value of the child’s life.
What damages can parents recover in a wrongful death case of a child?
Parents can recover for loss of support, loss of services, and funeral expenses of $12,000.
Is it necessary for both parents to join the litigation in a wrongful death case of a child?
No, it is not necessary for both parents to join the litigation, as complete relief may be afforded with only one parent bringing the action.
