A tort is the unlawful violation of a private legal right other than a mere breach of contract, express or implied. A tort may also be the violation of a public duty if, as a result of the violation, some special damage accrues to the individual. History. Orig. Code 1863, § 2894; Code 1868, § […]
If a tort shall be committed upon the person or reputation of the wife, the husband or wife may recover therefor; if the wife shall be living separate from the husband, she may bring an action for such torts and also torts to her children and recover the same to her use. History. Orig. Code […]
Except as otherwise provided in this Code section, no privity is necessary to support a tort action; but, if the tort results from the violation of a duty which is itself the consequence of a contract, the right of action is confined to the parties and those in privity to that contract, except in cases […]
As used in this Code section, the term “product seller” means a person who, in the course of a business conducted for the purpose leases or sells and distributes; installs; prepares; blends; packages; labels; markets; or assembles pursuant to a manufacturer’s plan, intention, design, specifications, or formulation; or repairs; maintains; or otherwise is involved in […]
By ratification of a tort committed for his own benefit, the ratifier becomes as liable as if he had commanded that it be committed. A person ratifying a tort does not become liable, however, if the act was done for the benefit of a third person. History. Orig. Code 1863, § 2906; Code 1868, § […]
A physical injury done to another shall give a right of action to the injured party, whatever may be the intention of the person causing the injury, unless he is justified under some rule of law. However, intention shall be considered in the assessment of damages. History. Orig. Code 1863, § 2910; Code 1868, § […]
Any violent injury or illegal attempt to commit a physical injury upon a person is a tort for which damages may be recovered. History. Orig. Code 1863, § 2911; Code 1868, § 2918; Code 1873, § 2969; Code 1882, § 2969; Civil Code 1895, § 3827; Civil Code 1910, § 4423; Code 1933, § 105-602. […]
A husband shall have a right of action against another for abducting or harboring his wife. Furnishing shelter and food to a wife driven from her home by cruel treatment is an act of humanity and shall give no right of action to the husband. History. Orig. Code 1863, § 2949; Code 1868, § 2956; […]
The seduction of a daughter, unmarried and living with her parent, whether followed by pregnancy or not, shall give a right of action to the father or to the mother if the father is dead, or absent permanently, or refuses to bring an action. No loss of services need be alleged or proved. The seduction […]
Adultery, alienation of affections, or criminal conversation with a wife or husband shall not give a right of action to the person’s spouse. Rights of action for adultery, alienation of affections, or criminal conversation are abolished. History. Orig. Code 1863, § 2950; Code 1868, § 2957; Code 1873, § 3008; Code 1882, § 3008; Civil […]
The custodial parent or parents shall have a right of action against any person who shall sell or furnish alcoholic beverages to that parent’s underage child for the child’s use without the permission of the child’s parent. A parent shall have a right of action against any person who shall play and bet at any […]
When trust or confidence is reposed in a person in consideration of the payment or promise of a reward to him, negligence in the person trusted which results in injury to the other person shall give the injured party a right of action. History. Orig. Code 1863, § 2948; Code 1868, § 2955; Code 1873, […]
In general, ordinary diligence is that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances. As applied to the preservation of property, the term “ordinary diligence” means that care which every prudent man takes of his own property of a similar nature. The absence of such diligence is […]
A person serving with or without compensation as a member, director, or trustee, or as an officer of the board without compensation, of any nonprofit hospital or association or of any nonprofit, charitable, or eleemosynary institution or organization or of any local governmental agency, board, authority, or entity shall be immune from civil liability for […]
As used in this Code section, the term: “Compensation” does not mean or include any gift, any reimbursement for any reasonable expense incurred for the benefit of a nonprofit athletic program, or, in the case of an umpire or referee, a modest honorarium. “Nonprofit association” means any entity which is organized as a nonprofit corporation […]
As used in this Code section, the term: “Child passenger safety technician” means a person who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association, or other entity designated by the National Highway […]
As used in this Code section, the term: “Owner” means a person other than a secured party who has title to personal property or who has the use and possession of personal property subject to a security interest. “Watercraft” means any boat, vessel, or craft, other than a seaplane, used as a means of transportation […]
The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the statutes of this state or of neglecting to observe such ordinary care in such operation as the rules of common law require. The owner shall […]
Any person who knowingly or negligently sells unwholesome provisions of any kind to another person, the defect being unknown to the purchaser, by the use of which damage results to the purchaser or to his family, shall be liable in damages for such injury. History. Orig. Code 1863, § 2945; Code 1868, § 2952; Code […]
Any person who knowingly or negligently, by himself or his agent, sells adulterated drugs or alcoholic beverages to another person, by the use of which damage accrues to the purchaser, his patients, his family, or his property, shall be liable in damages for the injury done. History. Orig. Code 1863, § 2946; Code 1868, § […]
