Georgia § 51-2-4 - Liability for torts of independent employee.

§ 51-2-4. Liability for torts of independent employee.

An employer generally is not responsible for torts committed by his employee when the employee exercises an independent business and in it is not subject to the immediate direction and control of the employer. (Orig. Code 1863, § 2905; Code 1868, § 2911; Code 1873, § 2962; Code 1882, § 2962; Civil Code 1895, § 3818; Civil Code 1910, § 4414; Code 1933, § 105-501.) Cross references. - Liability of employers for injuries to employees generally, § 34-7-20 et seq. Law reviews. - For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017). For note discussing the doctrine of respondeat superior, see 2 Ga. St. B. J. 478 (1966). For comment on Nichols v. G.L. High Motor Co., 65 Ga. App. 397 , 15 S.E.2d 805 (1941), and Andrews v. Norvell, 65 Ga. App. 241 , 15 S.E.2d 808 (1941), see 4 Ga. B. J. 46 (1941). For comment on Ellenberg v. Pinkerton's, Inc., 125 Ga. App. 648 , 188 S.E.2d 911 (1972), holding employer defendant may not use independent contractor defense to invasion of privacy suit resulting from actions of investigator working in his behalf, see 9 Ga. St. B. J. 519 (1973).