reglab/housing_qa huggingface dataset:
GA Code § 51-1-34 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-34. Settlement of Single Action Under Code Section 51-1-32 - Effect in Separate Action

 The settlement of a claim or cause of action arising from a motor vehicle collision for property damage shall not bar or otherwise affect the prosecution of the claim or cause of action for physical injury to the person. The settlement of a claim or cause of action arising from a motor vehicle collision for physical injury to the person shall not bar or otherwise affect the prosecution of the claim or cause of action for property damage.   (Code 1933, § 105-1303A, enacted by Ga. L. 1973, p. 295, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Torts, § 64 et seq.   C.J.S.   - 50 C.J.S., Judgments, § 926 et seq.   ALR.    - Avoidance of release of claim for personal injuries on ground of mistake or fraud respecting the nature of the claim covered, 164 A.L.R. 402.   Recovery under automobile property damage policy expressly including or excluding collision damage, where vehicle is struck by object falling thereon other than as a result of storm or the like, 54 A.L.R.2d 381.   Appealability of order vacating, or refusing to vacate, approval of settlement of infant's tort claim, 77 A.L.R.2d 801.
GA Code § 51-1-36 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-36. Duty of Care of Operator of Motor Vehicle to Passengers

 The operator of a motor vehicle owes to passengers therein the same duty of ordinary care owed to others.    (Code 1933, § 105-104.1, enacted by Ga. L. 1982, p. 1283, § 1; Code 1981, §51-1-36, enacted by Ga. L. 1982, p. 1283, § 2.)   Cross references.   - Settlement offers and agreement for personal injury, bodily injury, and death from motor vehicle, § 9-11-67.1.   Law reviews.   - For article criticizing Georgia's traditional rules for determining choice of law questions and discussing available alternatives, see 34 Mercer L. Rev. 787 (1983).   JUDICIAL DECISIONS   Slight degree of care no longer sufficient.    - Prior to the enactment of O.C.G.A. § 51-1-36, a host driver owed only a duty to exercise a slight degree of care in regard to passengers in the driver's motor vehicle. Bostwick v. Flanders, 171 Ga. App. 93, 318 S.E.2d 801 (1984).   No retroactive application of change in "guest passenger" rule.    - Trial court did not err in refusing to apply O.C.G.A. § 51-1-36, changing the "guest passenger" rule as to the duty owed by an automobile operator to passengers to ordinary care, to a case involving a January 1981 accident, since, although a statute is "remedial" which affects only the procedure and practice of the courts and thus may be retroactive in application, the "guest passenger" rule established the duty owed by an automobile owner or operator to a nonpaying guest passenger, and there is nothing in the enactment of that section which discloses a legislative intent to apply the terms thereof retroactively. Rider v. Taylor, 166 Ga. App. 474, 304 S.E.2d 557 (1983).    Cited in Powell v. Clanton, 173 Ga. App. 363, 326 S.E.2d 495 (1985).   RESEARCH REFERENCES   ALR.   - Modern status of choice of law in application of automobile guest statutes, 63 A.L.R.4th 167.
GA Code § 51-1-37 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-37. Negligent or Improper Administration of Polygraph Examination; Measure of Damages

  Any person who is given a polygraph examination and who suffers damages as a result of such polygraph examination having been administered in a negligent manner shall have a cause of action against the polygraph examiner.   The measure of damages shall be the actual damages sustained by such person, together with reasonable attorneys' fees, filing fees, and reasonable costs of the action. Reasonable costs of the action may include, but shall not be limited to, the expenses of discovery and document reproduction. Damages may include, but shall not be limited to, back pay for the period during which such person did not work or was denied a job as a result of such examination.     (Code 1981, §51-1-37, enacted by Ga. L. 1985, p. 1008, § 2; Ga. L. 2001, p. 1035, § 1.)   Cross references.   - Victim's right to refuse request for polygraph examinations or other truth-telling devices, § 17-5-73.   Editor's notes.   - Ga. L. 1985, p. 1008, § 3, not codified by the General Assembly, provided as follows: "Nothing contained in this Act shall be construed so as to authorize the results of any polygraph examination to be introduced in evidence in any judicial or administrative proceeding in this state; provided, however, that such an examination given with respect to employment may be admitted in an administrative proceeding dealing solely with action taken with respect to the employment; nor shall this Act be construed as a legislative determination that such examinations are reliable to demonstrate any fact or that they have any probative value."   Law reviews.   - For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 331 (2001).   JUDICIAL DECISIONS   Refusal to take polygraph examination.    - Dismissal of public employees from employment upon refusal to take a polygraph examination is permissible if the employee is informed: (1) that the questions will relate specifically and narrowly to the performance of official duties; (2) that the answer cannot be used against the employee in any subsequent criminal prosecution; and (3) that the penalty for refusal is dismissal. Moss v. Central State Hosp., 179 Ga. App. 359, 346 S.E.2d 580 (1986).   RESEARCH REFERENCES   Reliability of Polygraph Examination, 14 POF2d 1.   Uses, Techniques, and Reliability of Polygraph Testing, 42 Am. Jur. Trials 313.   ALR.   - Employee's action in tort against party administering polygraph, drug, or similar test at request of actual or prospective employer, 89 A.L.R.4th 527.   Construction and application of Employee Polygraph Protection Act of 1988 (29 USCA § 2001 et seq.), 154 A.L.R. Fed. 315.
GA Code § 51-1-38 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-38. Tort Immunity for Medical Students; Exceptions

  No student who participates in the provision of medical care or medical treatment under the supervision of a medical facility, academic institution, or doctor of medicine, as a part of an academic curriculum leading to the award of a medical degree, shall be liable for any civil damages as a result of any act or omission in such participation, except for willful or wanton misconduct.   Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or doctor of medicine.     (Code 1981, §51-1-38, enacted by Ga. L. 1987, p. 363, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1987, Code Section 51-1-38, as enacted by Ga. L. 1987, p. 433, § 1, was redesignated as Code Section 51-1-39.
GA Code § 51-1-39 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-39. Liability for Injuries of Person Committing Crime on Political Subdivision Property

 A person who engages in a criminal act on property owned or leased by a political subdivision of this state and who suffers an injury as a result of said criminal act which is not inflicted by an officer, employee, or agent of such political subdivision shall not have a cause of action against such political subdivision for any injury sustained. The provisions of this Code section shall not have the effect of waiving the sovereign immunity of any political subdivision.    (Code 1981, §51-1-39, enacted by Ga. L. 1987, p. 433, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1987, Code Section 51-1-38, as enacted by Ga. L. 1987, p. 433, § 1, was redesignated as this Code section.
GA Code § 51-1-42 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-42. Limitation of Liability for Transportation of Senior Citizens by Volunteer

  As used in this Code section, the term:   "Charitable organization" means any charitable unit of a religious or civic group, including those supported wholly or partially by private donations.   "Human service agency" means any human service unit, clinic, senior citizens program, congregate meal center, or day-care center for the elderly, whether supported wholly or partially from public funds.   "Volunteer transportation" means motor vehicle transportation provided by an individual under the direction, sponsorship, or supervision of a human service agency or a charitable organization.A volunteer may receive reimbursement for actual expenses or an allowance to defray expenses of operating the vehicle used to provide transportation services but shall not receive compensation for his or her time.     Any person who provides volunteer transportation for senior citizens shall not be liable for any civil damages for any injury to such senior citizens arising out of or resulting from such transportation if such person was acting in good faith within the scope of his or her official actions and duties and unless the conduct of such person amounts to willful and wanton misconduct.     (Code 1981, §51-1-42, enacted by Ga. L. 1991, p. 1585, § 1.)
GA Code § 51-1-44 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-44. Limitation of Liability for Dental Students

  No dental student who participates in the provision of dental care or dental treatment under the supervision of a medical facility, academic institution, or dentist, as a part of an academic curriculum leading to the award of a dental degree, shall be liable for any civil damages to the patient as a result of any act or omission in such participation, except for willful or wanton misconduct.   Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or dentist.     (Code 1981, §51-1-44, enacted by Ga. L. 1993, p. 1051, § 1.)   Cross references.   - Dentists, T. 43, C. 11.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1993, Code Section 51-1-43, as enacted by Ga. L. 1993, p. 1051, § 1, was redesignated as Code Section 51-1-44.   Law reviews.   - For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 228 (1993).
GA Code § 51-1-45 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-45. Immunity of Persons Serving Without Compensation as Athletic Team Physicians

 Any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and including any person licensed to render services ancillary thereto who in good faith renders voluntary service without compensation as an athletic team physician, either as the team doctor during or in conjunction with athletic practice activities or athletic contests or in conducting preseason physicals for athletes, shall not be liable for any civil damages as a result of any act or omission by such person in rendering such voluntary service or in conducting such physicals or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the amateur or nonprofessional athlete.Liability for civil damages shall attach to any willful or wanton act or omission by such person committed in rendering such voluntary service or in conducting such physicals or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the athlete.    (Code 1981, §51-1-45, enacted by Ga. L. 1993, p. 1278, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1993, Code Section 51-1-43, as enacted by Ga. L. 1993, p. 1278, § 1, was redesignated as Code Section 51-1-45.   Law reviews.   - For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 230 (1993).   RESEARCH REFERENCES   ALR.   - Liability of school or school personnel for injury to student resulting from cheerleader activities, 25 A.L.R.5th 784.
GA Code § 51-1-47 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-47. Immunity for Disconnection of Motor Vehicle Air Bags

 The manufacturers, distributors, dealers, and sellers of a motor vehicle and those who, on authorization and direction of the owner or lessee, lawfully install in a prudent and workmanlike manner a switch to turn off the air bag shall be immune from civil liability for any injuries caused by the failure of an air bag to deploy when the air bag has been disconnected, turned off, or otherwise disabled by the owner, lessee, or operator of the motor vehicle or an agent of the owner or lessee of the motor vehicle.    (Code 1981, §51-1-47, enacted by Ga. L. 1998, p. 1108, § 1.)
GA Code § 51-1-49 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-49. Requirements for Maintaining Cause of Action Against Managed Care Entity; Notice; Independent Review

  No person may maintain a cause of action pursuant to Code Section 51-1-48 unless the affected enrollee or the enrollee's representative:   Has exhausted the grievance procedure provided for under Code Section 33-20A-5 and before instituting the action:   Gives written notice of intent to file suit to the managed care entity; and   Agrees to submit the claim to independent review if required under subsection (c) of this Code section; or     Has filed a pleading alleging in substance that:   Harm to the enrollee has already occurred for which the managed care entity may be liable; and   The grievance procedure or independent review is not timely or otherwise available or would not make the enrollee whole,  in which case the court, upon motion by the managed care entity, shall stay the action and order such grievance procedure or independent review to be conducted and exhausted.        The notice required by paragraph (1) of subsection (a) of this Code section must be delivered or mailed to the managed care entity not fewer than 30 days before the action is filed.   The managed care entity receiving notice of intent to file suit may obtain independent review of the claim, if notice of a request for review is mailed or delivered to the Health Planning Agency, or its successor agency, and the affected enrollee within ten days of receipt of the notice of intent to file suit.     (Code 1981, §51-1-49, enacted by Ga. L. 1999, p. 350, § 1.)   Editor's notes.   - Ga. L. 1999, p. 350, § 4, not codified by the General Assembly, provides: "For purposes of certifying independent review organizations by the Health Planning Agency, or its successor agency, this Act shall become effective upon its approval by the Governor (April 20, 1999) or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 1999, and shall be applicable to any contract, policy, or other agreement of a managed care plan or health maintenance organization if such contract, policy, or agreement provides for health care services or reimbursement therefor and is issued, issued for delivery, delivered, or renewed on or after July 1, 1999."   Law reviews.   - For note on 1999 enactment of this Code section, see 16 Ga. St. U.L. Rev. 151 (1999).
GA Code § 51-1-51 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-51. Limitations on Liability of Liquefied Petroleum Gas Providers

  As used in this Code section, the term:   "Liquefied petroleum gas equipment" means a liquefied petroleum gas appliance or liquefied petroleum gas equipment.   "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail liquefied petroleum gas in this state.     A liquefied petroleum gas provider shall be immune from civil liability if the proximate cause of the injury or damages was:   An alteration, modification, or repair of liquefied petroleum gas equipment that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care; or   The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or for which could reasonably have been foreseen, provided that the liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum gas equipment.     Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of liquefied petroleum gas equipment or its employees or agents under any legal claim, including but not limited to product liability claims.   This Code section shall apply to any cause of action arising on or after July 1, 2005.     (Code 1981, §51-1-51, enacted by Ga. L. 2005, p. 1177, § 1/SB 139.)
GA Code § 51-1-52 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-52. Federal Law Payor Guidelines and Criteria Not a Legal Basis for Negligence or Standard of Care for Medical Malpractice or Product Liability

  As used in this Code section, the term:   "Criteria" means criteria relating to administrative procedures and shall not include criteria relating to medical treatment, quality of care, or best practices.   "Guideline" means a guideline relating to administrative procedures and shall not include guidelines relating to medical treatment, quality of care, or best practices.   "Payor" means any insurer, health maintenance organization, self-insurance plan, or other person or entity which provides, offers to provide, or administers hospital, outpatient, medical, or other health care benefits to persons treated by a health care provider in this state pursuant to any policy, plan, or contract of accident and sickness insurance as defined in Code Section 33-7-2.   "Standard" means a standard relating to administrative procedures and shall not include standards relating to medical treatment, quality of care, or best practices.     The development, recognition, or implementation of any guideline by any public or private payor or the establishment of any payment standard or reimbursement criteria under any federal laws or regulations related to health care shall not be construed, without competent expert testimony establishing the appropriate standard of care, to establish a legal basis for negligence or the standard of care or duty of care owed by a health care provider to a patient in any civil action for medical malpractice or product liability. Nor shall compliance with such a guideline, standard, or criteria establish a health care provider's compliance with the standard of care or duty of care owed by a health care provider to a patient in any civil action for medical malpractice or medical product liability without competent expert testimony establishing the appropriate standard of care.     (Code 1981, §51-1-52, enacted by Ga. L. 2013, p. 627, § 1/HB 499.)   Cross references.   - Expert opinion testimony in civil cases, § 24-7-702.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2009, Code Section 51-1-52, as enacted by Ga. L. 2008, p. 702, § 4/SB 239, was redesignated as Code Section 51-3-30.   Pursuant to Code Section 28-9-5, in 2013, Code Section 51-1-52, as enacted by Ga. L. 2013, p. 870, § 1/HB 382, was redesignated as Code Section 51-1-53.
GA Code § 51-1-53 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-53. Recreational Joint-Use Agreements

  As used in this Code section, the term:   "Facilities" means a school's buildings, fixtures, and equipment, including, but not limited to, classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, gardens, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition.   "Recreational joint-use agreement" means a written agreement between the governing authority of a school and a private entity authorizing such entity to access the facilities of a school under the governing authority's jurisdiction for the purposes of conducting or engaging in recreational, physical, or performing arts activity.   "School" means any public pre-kindergarten, elementary school, or secondary school.     A recreational joint-use agreement shall:   Set forth the terms and conditions of the use of a facility;   Include a hold harmless provision in favor of the governing authority;   Be revocable at any time by the governing authority of the school;   Require the private entity to maintain and provide proof of a minimum of $1 million in liability insurance coverage applicable to the use of the facilities and effective for the duration of such agreement; and   Provide a citation that such agreement shall be governed by this Code section.     The governing authority of a school that enters into a recreational joint-use agreement which complies with subsection (b) of this Code section shall not be deemed to have waived its sovereign immunity as to damages to persons or property arising out of or resulting from such recreational joint-use agreement.   Code Section 51-12-33 shall not apply to claims for civil damages arising from the use of a school's facilities pursuant to a recreational joint-use agreement.   This Code section shall apply to causes of action arising on or after July 1, 2013.     (Code 1981, §51-1-53, enacted by Ga. L. 2013, p. 870, § 1/HB 382.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2013, Code Section 51-1-52, as enacted by Ga. L. 2013, p. 870, § 1/HB 382, was redesignated as Code Section 51-1-53.
GA Code § 51-1-54 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-54. Program and Treatment Completion Certificate

  As used in this Code section, the term "Program and Treatment Completion Certificate" means the certificate issued pursuant to Code Section 42-2-5.2 or Code Section 42-3-2.   Issuance of a Program and Treatment Completion Certificate by the Board of Corrections or the Board of Community Supervision or the granting of a pardon from the State Board of Pardons and Paroles as provided in the Constitution and Code Section 42-9-42 shall create a presumption of due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise engaging in activity with the individual to whom the Program and Treatment Completion Certificate was issued or the pardon was granted. Such presumption may be rebutted by relevant evidence which extends beyond the scope of the Program and Treatment Completion Certificate or pardon and which was known or should have been known by the person against whom negligence is asserted.   Nothing in this Code section shall be construed to constitute a waiver of the sovereign immunity of the state, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any Program and Treatment Completion Certificate or issuance of or failure to grant a pardon.     (Code 1981, §51-1-54, enacted by Ga. L. 2014, p. 34, § 1-7/SB 365; Ga. L. 2017, p. 585, § 2-17/SB 174.)    The 2017 amendment,  effective July 1, 2017, added "or Code Section 42-3-2" immediately following "Code Section 42-2-5.2" in subsection (a); and substituted "Board of Corrections or the Board of Community Supervision" for "Department of Corrections" near the beginning of the first sentence of subsection (b).   Law reviews.   - For article on the 2014 enactment of this Code section, see 31 Ga. St. U.L. Rev. 25 (2014). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 115 (2017). For note, "Give It to Me, I'm Worth It: The Need to Amend Georgia's Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector," see 52 Ga. L. Rev. 267 (2017).