Tender of Damages in Tort Action; Effect of Continuing Tender

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  2. Georgia Code
  3. Torts
  4. Defenses to Tort Actions
  5. Satisfaction
  6. Tender of Damages in Tort Action; Effect of Continuing Tender

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A person committing a tort may, before or after an action is brought, tender to the person injured such an amount of damages as in his judgment will cover the injury; and, if the same shall be rejected, he may deposit the amount in the office of the clerk of the superior court of the county of his residence as a continuing tender; and, if the jury trying the cause shall give no more damages than the amount tendered, the plaintiff shall recover no costs accruing subsequently to the time of the tender.

(Laws 1767, Cobb's 1851 Digest, p. 562; Code 1863, § 2988; Code 1868, § 3001; Code 1873, § 3056; Code 1882, § 3056; Civil Code 1895, § 3896; Civil Code 1910, § 4493; Code 1933, § 105-1903.)

RESEARCH REFERENCES

ALR.

- Right to withdraw tender after money deposited or paid in court to keep tender good, 73 A.L.R. 1281.

CHAPTER 12 DAMAGES Article 1 General Provisions.
  • 51-12-1. Types of damages; evidence admissible in actions involving special damages.
  • 51-12-2. General and special damages distinguished; when recovered.
  • 51-12-3. Direct and consequential damages distinguished.
  • 51-12-4. Damages given as compensation for injury; measure of damages generally; nominal damages.
  • 51-12-5. Additional damages for aggravating circumstances.
  • 51-12-5.1. Punitive damages.
  • 51-12-6. Damages for injury to peace, happiness, or feelings.
  • 51-12-7. Recovery of necessary expenses.
  • 51-12-8. When damage too remote for recovery generally.
  • 51-12-9. How remoteness ascertained.
  • 51-12-10. Exception to rule against recovery of remote damages.
  • 51-12-11. Mitigation of damages required; exception.
  • 51-12-12. Court interference with jury verdict as to damages.
  • 51-12-13. Reduction of expenses, wages, and other damages to present value.
  • 51-12-14. Unliquidated Damages Interest Act; procedure for demand of unliquidated damages in tort actions; when interest may be recovered.
Article 2 Joint Tort-feasors.
  • 51-12-30. Procurer of wrong as joint wrongdoer; how action brought against joint wrongdoer.
  • 51-12-31. Recovery against joint trespassers.
  • 51-12-32. Right of contribution among joint trespassers; effect of settlement.
  • 51-12-33. Reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties.
Article 3 Damages for Conversion of Timber.
  • 51-12-50. Measure of damages for converted timber; presumption.
  • 51-12-51. Recovery by person holding security interest in land for conversion of timber; use of converted timber by owner.
Article 4 Damages in Tort Actions.
  • 51-12-70. Definitions.
  • 51-12-71. Prerequisites for transfer of structured settlement payment rights.
  • 51-12-72. Written transfer agreement required.
  • 51-12-73. (For effective date, see note.) Powers and duties of the Attorney General.
  • 51-12-74. (For effective date, see note.) Actions and proceedings of Attorney General.
  • 51-12-75. (For effective date, see note.) Issuance of administrative order; administrative review; final order; penalty.
  • 51-12-76. Provisions unwaivable; no penalty or forfeiture.
  • 51-12-77. Construction in accordance with other laws.
Cross references.

- Persons who may be parties to actions for tort, § 9-2-21.

JUDICIAL DECISIONS

Abolition of collateral source rule applies prospectively only. Powell v. Stephens, 258 Ga. 149, 368 S.E.2d 518 (1988).

Cited in Padilla v. Spectorman, 159 Ga. App. 12, 282 S.E.2d 659 (1981).

RESEARCH REFERENCES

Tactics and Strategy of Pleading, 3 Am. Jur. Trials 681.

Trial Brief, 5 Am. Jur. Trials 89.

Showing Pain and Suffering, 5 Am. Jur. Trials 921.

Presenting Plaintiff's Medical Proof - Common Injuries and Conditions, 6 Am. Jur. Trials 1.

Minimizing Personal Injury Damages, 6 Am. Jur. Trials 501.

Predicting Personal Injury Verdicts and Damages, 6 Am. Jur. Trials 963.

Special Verdicts, 6 Am. Jur. Trials 1043.

Determining the Medical and Emotional Bases for Damages, 23 Am. Jur. Trials 479.

Trial Court Restrictions on Evidence of Defendant's Wealth, 30 Am. Jur. Trials 711.

Defense Use of Economist, 31 Am. Jur. Trials 287.

Cost Recovery Litigation: Abatement of Asbestos Contamination, 40 Am. Jur. Trials 317.

Punitive Damages in Products Liability Litigation, 54 Am. Jur. Trials 443.

Presentation and Proof of Damages in Personal Injury Litigation, 59 Am. Jur. Trials 395.

Obtaining Damages in Federal Court for State and Local Police Misconduct, 62 Am. Jur. Trials 547.

U.S. EPA Action under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), 68 Am. Jur. Trials 1.

Sexual Harassment Damages and Remedies, 73 Am. Jur. Trials 1.

Diet Pill Litigation: The Fen-Phen Debacle, 73 Am. Jur. Trials 485.

Handling a Grade Crossing Collision for Locomotive Occupants, 74 Am. Jur. Trials 1.

Diagnostic Radiology Malpractice Litigation, 75 Am. Jur. Trials 55.

Snack Food Product Liability, 76 Am. Jur. Trials 341.

Using Taxation of Costs to Collect Some Litigation Expenses and Maximize Client Recovery, 84 Am. Jur. Trials 367.

Residential Mold as a Toxic Tort Under Homeowner's Policy, 85 Am. Jur. Trials 41.

Podiatry Malpractice Litigation, 85 Am. Jur. Trials 189.

Landlord's Recovery of Rent After Abandonment or Surrender of Leased Premises, 86 Am. Jur. Trials 1.

Periodontal Malpractice, 89 Am. Jur. Trials 1.

Traumatic Brain Injuries, 90 Am. Jur. Trials 1.

Hair Transplant Malpractice Litigation, 90 Am. Jur. Trials 99.

Damages Provision Affecting Remedies for Purchaser's Default on Real Estate Contract, 91 Am. Jur. Trials 333.

Litigating Toxic Mold Cases, 92 Am. Jur. Trials 113.

Defending the Workers' Compensation Claim in the Trucking Industry, 99 Am. Jur. Trials 1.

Oncology Malpractice Litigation, 100 Am. Jur. Trials 1.

ALR.

- Propriety of taking income tax into consideration in fixing damages in personal injury or death action, 16 A.L.R.4th 589.

Excessiveness or adequacy of damages awarded for injuries causing particular diseases or conditions, 16 A.L.R.4th 736.

Excessiveness or adequacy of damages awarded for injuries to, or conditions induced in, sensory or speech organs and systems, 16 A.L.R.4th 1127.

Insurer's tort liability for consequential or punitive damages for wrongful failure or refusal to defend insured, 20 A.L.R.4th 23.

Legal malpractice: defendant's right to contribution or indemnity from original tortfeasor, 20 A.L.R.4th 338.

Effect of anticipated inflation on damages for future losses - modern cases, 21 A.L.R.4th 21.

Liability of religious association for damages for intentionally tortious conduct in recruitment, indoctrination, or related activity, 40 A.L.R.4th 1062.

Tort liability for infliction of venereal disease, 40 A.L.R.4th 1089.

Future disease or condition, or anxiety relating thereto, as element of recovery, 50 A.L.R.4th 13.

Tree or limb falls onto adjoining private property: personal injury and property damage liability, 54 A.L.R.4th 530.

Newspaper's liability to reader-investor for negligent but nondefamatory misstatement of financial news, 56 A.L.R.4th 1162.

Business interruption, without physical damage, as actionable, 65 A.L.R.4th 1126.

Consequential loss of profits from injury to property as element of damages in products liability, 89 A.L.R.4th 11.

Collateral source rule: admissibility of evidence of availability to plaintiff of free public special education on issue of amount of damages recoverable from defendant, 41 A.L.R.5th 771.

Excessiveness or adequacy of compensatory damages for personal injury to or death of seaman in actions under Jones Act (46 USCS Appx § 688) or doctrine of unseaworthiness - modern cases, 96 A.L.R. Fed. 541.

Excessiveness or adequacy of awards of damages for personal injury or death in actions under Federal Employers' Liability Act (45 USCS § 51 et seq.) - modern cases, 97 A.L.R. Fed. 189.

ARTICLE 1 GENERAL PROVISIONS

Law reviews.

- For comment, "Having an Affair May Shorten Your Life: The Ashley Madison Suicides," see 33 Georgia St. U.L. Rev. 455 (2017).

RESEARCH REFERENCES

Discount Rate for Future Damages, 8 POF2d 1.

General Overview: Death of Person in Labor Force, 13 POF2d 45.

Death of Person Not in Labor Force, 14 POF2d 311.

Losses in Cases of Disability, 15 POF2d 311.

Pain and Suffering, 23 POF2d 1.

Establishing an Adequate Foundation for Proof of Medical Expenses, 23 POF2d 243.

Loss of Prospective Inheritance, 24 POF2d 211.

Period of Economic Loss in Death and Personal Injury Cases, 38 POF2d 195.

Recovery for Severe Burn Injuries, 1 POF3d 197.

Damages for Future Medical Needs of an Injured Child, 4 POF3d 645.

Intangible Damages for Injury to Elderly Person, 5 POF3d 323.

Rehabilitation and Life Care Needs After a Traumatic Brain Injury, 9 POF3d 1.

Psychological Effects of Physical Disfigurement, 9 POF3d 307.

Wife's Damages for Loss of Consortium, 10 POF3d 97.

Traumatic Aggravation of Preexisting Mental Disorder, 12 POF3d 323.

Damages for Loss of Chance of Cure, 12 POF3d 621.

Damages for Sexual Assault, 15 POF3d 259.

Wrongful Death of Fetus, 19 POF3d 107.

Proof of Damages for Decedent's Pain and Suffering, 24 POF3d 337.

Toxic Torts: Proof of Medical Monitoring Damages for Exposure to Toxic Substances, 25 POF3d 313.

Loss of Consortium in Parent-Child Relationship, 27 POF2d 393.

Proof of Lost Earning Capacity, 29 POF3d 259.

Liability of Ski Area Operator for Skiing Accident, 45 POF3d 115.

Liability of Skier for Collision with Another Skier, 46 POF3d 1.

Liability of an Owner or Operator of a Self-Service Filling Station for Injury or Death of a Business Invitee on the Premises, 46 POF3d 161.

Proof of Liability for Food Poisoning, 47 POF3d 47.

Damages for Loss of Enjoyment of Life, 49 POF3d 339.

Proof of Failure to Diagnose Diabetes or Complications of Diabetes, 51 POF3d 1.

Medical Malpractice in Tonsillectomies, 57 POF3d 381.

Proof that a Teacher's License was Improperly Revoked: Teacher's Damages and Emotional Stress Award, 66 POF3d 541.

Proof of Paralysis, 67 POF3d 1.

Sexual Organ Injuries: Male Genitalia, 70 POF3d 229.

Traumatic Brain Injuries, 72 POF3d 363.

Proof of Injury Resulting from Prescription Medication Rezulin, 74 POF3d 141.

Proof of Claims Arising from Exposure to Latex Products, 78 POF3d 259.

Proof of Liability for Failure of Emergency Medical Equipment, 80 POF3d 1.

Lightning or Electrical Storm Causing Injury or Death to Employee, 81 POF3d 1.

Proof of Injury Resulting from Liposuction Surgery, 82 POF3d 1.

ALR.

- Action by or on behalf of minor child, or presumed minor child, for loss of parental consortium - impact of other legal concepts and theories of recovery, 6 A.L.R.7th 4.

Action by or on behalf of minor child, or presumed minor child, for loss of parental consortium - proof, evidentiary considerations, limits of recovery, parties, 5 A.L.R.7th 4.

Action by or on behalf of minor child, or presumed minor child, for loss of parental consortium - general considerations, 4 A.L.R.7th 1.


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