What Is The Family Purpose Doctrine in Georgia?

Introduction

The Family Purpose Doctrine is an important legal principle in Georgia that can have significant implications in personal injury and car accident cases. Understanding this doctrine is crucial for families, vehicle owners, and anyone involved in an accident where liability is a concern. This guide will explain the Family Purpose Doctrine in detail, how it works in Georgia, and what it could mean for you and your loved ones.

If you or a family member has been involved in a car or truck accident in Georgia, the experienced attorneys at Scholle Law Car & Truck Accident Attorneys can help you navigate the complexities of the Family Purpose Doctrine and protect your rights.

Understanding the Family Purpose Doctrine

Definition and Legal Basis

The Family Purpose Doctrine is a legal concept that holds the owner of a vehicle liable for negligent driving by a family member if the vehicle was made available for family use. This doctrine is rooted in the idea that when a vehicle is provided for the use of family members, the owner assumes responsibility for its operation.

In Georgia, this doctrine is particularly relevant in cases where a minor or another family member causes an accident while driving a vehicle owned by another family member. The courts may apply the Family Purpose Doctrine to ensure that the injured party has a means of obtaining compensation for their injuries.

How It Works in Georgia

In Georgia, the Family Purpose Doctrine is applied under specific conditions. For the doctrine to be invoked, the following criteria must generally be met:

• The vehicle was provided for general family use.
• The person driving the vehicle was a member of the household.
• The driver had permission to use the vehicle at the time of the accident.
• The vehicle was being used for a family purpose.

When these conditions are met, the vehicle owner can be held liable for damages resulting from the accident, even if they were not driving at the time. Scholle Law Car & Truck Accident Attorneys have extensive experience handling cases involving the Family Purpose Doctrine and can help determine whether this doctrine applies to your situation.

In 2007, the Court of Appeals, in Hicks v. Newman, held that there are four required elements that must be established to hold a person with the power to control the use of a motor vehicle vicariously liable for actions of another using that vehicle for a family purpose. Hicks v. Newman, 641 S.E.2d 589 (Ga. App. 2007):

1. the defendant must own or have an interest in or control over the automobile;
2. the defendant must have made the automobile available for family use;
3. the drive must be a member of the defendant’s immediate household; and
4. the vehicle must have been drive with the permission or acquiescence of the defendant.” Hicks, 590.

Each of these four elements is required to hold the owner of a vehicle vicariously liable for another’s negligent driving of the family vehicle. Upon establishing the required elements under Georgia law, the plaintiff can hold the negligent driver and the principal both liable for the negligent conduct of the driver. Express permission of the owner of the vehicle is not required. Interestingly, the Georgia family purpose doctrine has unique variations in that it applies not only to motor vehicles, but also to the use of boats, airplanes and other vehicles