GA Code § 32-4-93 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 4 - State, County, and Municipal Road Systems|Article 4 - Municipal Street Systems|Part 1 - General Powers and Duties of Municipality|§ 32-4-93. Liability of Municipalities for Defects in Public Roads

  A municipality is relieved of any and all liability resulting from or occasioned by defects in the public roads of its municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual notice thereof or when such defect has not existed for a sufficient length of time for notice thereof to be inferred.   A municipality is relieved of any and all liability resulting from or occasioned by defective construction of those portions of the state highway system or county road system lying within its corporate limits or resulting from the failure of the department or the county to maintain such roads as required by law unless the municipality constructed or agreed to perform the necessary maintenance of such road.    (Civil Code 1895, § 749; Civil Code 1910, § 898; Code 1933, § 69-303; Ga. L. 1961, p. 469, § 4; Code 1933, § 95A-505, enacted by Ga. L. 1973, p. 947, § 1.)   Cross references.   - Liability of municipal corporations for acts or omissions of officers, T. 36, C. 33.   Law reviews.   - For article discussing necessity of liability insurance for Georgia counties and municipalities, and constitutional authority of the units to provide such insurance, see 25 Ga. B.J. 35 (1962). For article discussing Georgia's practice of exposing municipalities to tort liability through the use of nuisance law, see 12 Ga. St. B. J. 11 (1975). For article discussing origin and construction of Georgia statute concerning municipal liability for street defects, see 14 Ga. L. Rev. 239 (1980). For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986). For annual survey article discussing local government law, see 51 Mercer L. Rev. 397 (1999). For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 353 (2003). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006). For note discussing state liability for highway defects and waiver of sovereign immunity under U.S. Const., amend. 11, see 27 Emory L.J. 337 (1978).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Trial Procedure    RESEARCH REFERENCES   Defective Design or Setting of a Traffic Control Signal, 6 POF2d 683.   Municipality's Failure, in Making Street Repairs, to Avoid Injury to Adjacent Property, 8 POF2d 361.   Highway Defects - Road Shoulder, 16 POF2d 1.   Highway Defects - Barrier on Guardrail, 17 POF2d 413.   Highway Defects - Warning Device, 18 POF2d 487.   Public Authority's Failure to Remove or Guard Against Ice or Snow on Surface of Highway or Street, 21 POF2d 251.   Highway Defects - Liability for Failure to Install Median Barrier, 50 POF2d 63.   Highway Defects - Negligent Design or Maintenance of Curve, 14 POF3d 527.   Establishing Liability of a State or Local Highway Administration, Where Injury Results from the Failure to Place or Maintain Adequate Highway Signs, 31 POF3d 351.   Governmental Liability for Failure to Maintain Trees Near Public Way, 41 POF3d 109.   Governmental Liability for Injury to Landowner's Property from Road Construction Activities on Neighboring Land, 65 POF3d 311.   Proof of Roadside Hazard Case, 71 POF3d 1.   Liability of Municipality or Abutting Landowner for Injury Caused by Defective Condition of Sidewalk, 86 POF3d 327.   C.J.S.   - 39A C.J.S., Highways, § 237.   40 C.J.S., Highways, § 414 et seq.   ALR.    - Responsibility of county for injury from defect in highway, 2 A.L.R. 721.    Applicability of statute or ordinance requiring notice of claim for damages from injuries in street as affected by the conditions which caused the injury, 10 A.L.R. 249.    Liability of a municipal corporation for injuries caused by the unsafe condition of a street resulting from or incidental to work performed under a permit authorizing the construction, alteration, repair, or demolishing of a building or its appurtenances, 11 A.L.R. 1343.    Liability of municipality for act of employee engaged in sprinkling or cleaning streets or removing garbage or rubbish, 14 A.L.R. 1473; 32 A.L.R. 988; 52 A.L.R. 187; 60 A.L.R. 101; 156 A.L.R. 692; 156 A.L.R. 714.    Negligent or unlawful use of road as a defect within statute rendering county, town, or other political division liable for damages, 22 A.L.R. 588.    Liability of municipality for injury from ice or snow on crosswalk, 32 A.L.R. 1293.    Liability of municipality for damages by fire because of condition of streets delaying or impeding fire department, 33 A.L.R. 694.    Duty to make highway safe for children as including duty to prevent their leaving it at a place of danger, 36 A.L.R. 309.    Personal liability of public official for personal injury on highway, 40 A.L.R. 39; 57 A.L.R. 1037.    Municipal liability for drowning of child in pond created by its failure to provide drainage in constructing highway embankment, 40 A.L.R. 488.    Liability of municipality for condition of the part of private driveway which is within the street, 42 A.L.R. 1281.    Liability of municipality for injury to lateral support in grading street, 44 A.L.R. 1494.    Liability of municipal corporation for injury incident to coasting in street, 46 A.L.R. 1434.    Liability of municipality for injury to traveler in alley, 48 A.L.R. 434.    Notice of condition of street due to acts of municipal employees as condition precedent to municipal liability, 50 A.L.R. 1193.    Liability of municipality for injury or damage due to sprinkling of street, 51 A.L.R. 575.    Liability of municipality for negligence not affecting the condition of the street itself by its agents or servants while engaged in making street improvements, 52 A.L.R. 524.    Liability of municipal corporations and their licensees for the torts of independent contractors, 52 A.L.R. 1012.    Duty and liability of public authorities as to conditions beyond limits of highway which affect safety or comfort of travel, 53 A.L.R. 764.    Liability for conditions in space between lot lines and sidewalk actually within limits of street, but apparently part of the abutting property, 56 A.L.R. 220.    Duty of municipality to remedy conditions due to traffic rendering roadway dangerous for automobiles, 63 A.L.R. 208.    Duty and liability as to construction or maintenance of bridge as respects weight of load, 68 A.L.R. 605.    Liability for injury by stepping or falling into opening in sidewalk while doors are open or cover off, 70 A.L.R. 1358.    Liability of municipality for injury due to defective catch-basin covers, and the like, maintained in street in connection with drainage or sewer system, 71 A.L.R. 753.    Municipal liability for injuries from snow and ice on sidewalk, 80 A.L.R. 1151; 39 A.L.R.2d 782.    Waiver of, or estoppel to assert, failure to give required notice of claim of injury to municipality, county, or other governmental agency or body, 82 A.L.R. 749; 159 A.L.R. 329; 65 A.L.R.2d 1278.    Liability of municipality for injury to person or property due to improper plan for or defects in original construction of street or highway, 90 A.L.R. 1502.    Failure of municipality to adopt, or to enforce, traffic regulations as ground of its liability for damage to property or person, 92 A.L.R. 1495; 161 A.L.R. 1404.    Liability of municipality for injury or damage by automobile colliding with temporary obstruction in connection with alteration or repair of street, 100 A.L.R. 1386.    Abandonment or discontinuance of use of rails, poles, wires, or other obstructions having previous lawful situs in street as affecting liability of municipality or another for personal or property damage resulting therefrom, 102 A.L.R. 677.    Liability of public for injury or damage from slides or fall of object from embankment at side of highway, 107 A.L.R. 596.    Municipal liability for injury due to condition of street, 109 A.L.R. 605.    Degree of inequality in sidewalk which makes question for jury or for court, as to municipality's liability, 119 A.L.R. 161; 37 A.L.R.2d 1187.    Liability of municipality or other governmental body to pedestrian for injury in street closed or partially closed during construction or repairs, 119 A.L.R. 841.    Duty and liability of municipality, or other political subdivision, as regards condition of streets as extending to place or structure not strictly part of street but commonly used by public as an extension of or by-pass between streets, 126 A.L.R. 443.    Liability of municipality for injury or damage due to pole maintained by third person in street or highway, 128 A.L.R. 1269.    Liability for injury to pedestrian predicated upon slope or contour of sidewalk or crosswalk, or slippery nature of material of which it is constructed, 133 A.L.R. 1026.    Scope of employment of municipal employee engaged in work in street or highway, or in directing traffic, as regards municipal responsibility for his tort, 136 A.L.R. 1361.    Liability for injury to pedestrian due to condition of street or highway as affected by his blindness or other physical disability, 141 A.L.R. 721.    Duty of municipality to children playing in street, 154 A.L.R. 1330.    Cleaning and sprinkling of streets as governmental or private function as regards municipal immunity from liability for tort, 156 A.L.R. 692.   Liability of governmental unit for collision with safety and traffic-control devices in traveled way, 7 A.L.R.2d 226.   Liability of municipality for damage caused by fall of tree or limb, 14 A.L.R.2d 186.   Liability of municipal corporation to pedestrian for slippery condition of sidewalk caused by deposits of earth or mud thereon, 16 A.L.R.2d 1290.   Liability of municipal corporation for injury or death occurring from defects in, or negligence in construction, operation, or maintenance of its electric street-lighting equipment, apparatus, and the like, 19 A.L.R.2d 344.   Liability for injury on parking or strip between sidewalk and curb, 19 A.L.R.2d 1053; 98 A.L.R.3d 439.   Installation or operation of parking meters as within governmental immunity from tort liability, 33 A.L.R.2d 761.   Liability of municipality for injury resulting from slippery condition of walk concurring with defects therein, 41 A.L.R.2d 739.   Liability for negligence of public body or political subdivision operating toll bridge, 43 A.L.R.2d 550.   Duty and liability of municipality as regards barriers for protection of adult pedestrians who may unintentionally deviate from street or highway into marginal or external hazards, 44 A.L.R.2d 633.   Liability of municipality for failure to erect traffic warnings against entering or using street which is partially barred or obstructed by construction or improvement work, 52 A.L.R.2d 688.   Liability for injury or damage by tree or limb overhanging street or highway, 54 A.L.R.2d 1195.   Liability of state, municipality, or public agency for vehicle accident occurring because of accumulation of water on street or highway, 61 A.L.R.2d 425.   Municipal liability for injury or death from collision with rope or clothesline across sidewalk or street, 75 A.L.R.2d 565.   Liability of municipal corporation to person injured in fall because of slippery substance such as paint or oil deliberately placed upon surface of street or sidewalk, 81 A.L.R.2d 1194.   Liability of municipality for injury or death resulting from temporary condition or obstruction in street in connection with holiday, entertainment, parade or other special event, 84 A.L.R.2d 508.   Liability of municipality for injury or death from defects or obstructions in sidewalk to one riding thereon on bicycle, tricycle, or similar vehicle, 88 A.L.R.2d 1423.   Liability for injury from defective condition or improper operation of lift bridge or drawbridge, 90 A.L.R.2d 105.   Existence of actionable defect in street or highway proper as question for court or for jury, 1 A.L.R.3d 496.   Liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection, 34 A.L.R.3d 1008.   Liability of governmental unit for injuries or damage resulting from tree or limb falling onto highway from abutting land, 95 A.L.R.3d 778.   Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from ice or snow on surface of highway or street, 97 A.L.R.3d 11.   Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from failure to repair pothole in surface of highway or street, 98 A.L.R.3d 101.   Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from defect or obstruction on roadside parkway or parking strip, 98 A.L.R.3d 439.   Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from design, construction, or failure to warn of narrow bridge, 2 A.L.R.4th 635.   Liability, in motor vehicle-related cases, of governmental entity for injury, death, or property damage resulting from defect or obstruction in shoulder of street or highway, 19 A.L.R.4th 532.   Governmental liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection, 22 A.L.R.4th 624.   Liability of governmental entity for damage to motor vehicle or injury to person riding therein resulting from collision between vehicle and domestic animal at large in street or highway, 52 A.L.R.4th 1200.   Duty of public authorities to erect and maintain warning signs or devices for curves in highway, 57 A.L.R.4th 342.   Governmental tort liability as to highway median barriers, 58 A.L.R.4th 559.   Legal aspects of speed bumps, 60 A.L.R.4th 1249.   State and local government liability for injury or death of bicyclist due to defect or obstruction in public bicycle path, 68 A.L.R.4th 204.