Legal Memorandum: Negligence in GA

Issue: In Georgia, is negligence a common law or statutory action?

Liability may be premised on a "negligence theory" under common law and under Restatement (Second) of Torts § 324A.  The Georgia Supreme Court has adopted § 324A of Restatement (Second) of Torts, which provides:

One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to protect his undertaking, if,

(a)        his failure to exercise reasonable care increases the risk of such harm, or

(b)        he has undertaken to perform a duty owed by the other to the third person, or

(c)        the harm is suffered because of reliance of the other or the third person upon the undertaking. 

See Argonaut Ins. Co. v. Clark, 154 Ga. App. 183, 267 S.E.2d 797, 799 (1980) (quoting Restatement (Second) of Torts § 324A).

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