GA Code § 34-7-20 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 7 - Employment Generally; Employer's Liability|Article 2 - Employer's Liability for Injuries Generally|§ 34-7-20. Care by Employer in Selection of Employees and in Furnishing of Safe Machinery; Employer's Duty to Warn

 The employer is bound to exercise ordinary care in the selection of employees and not to retain them after knowledge of incompetency; he shall use like care in furnishing machinery equal in kind to that in general use and reasonably safe for all persons who operate it with ordinary care and diligence. If there are latent defects in machinery or dangers incident to an employment, which defects or dangers the employer knows or ought to know but which are unknown to the employee, then the employer shall give the employee warning with respect thereto.   (Civil Code 1895, § 2611; Civil Code 1910, § 3130; Code 1933, § 66-301.)   Law reviews.   - For article discussing origin and construction of Georgia provisions concerning master-servant relationship, see 14 Ga. L. Rev. 239 (1980). For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003). For survey article on labor and employment law, see 59 Mercer L. Rev. 233 (2007). For survey article on labor and employment law, see 60 Mercer L. Rev. 217 (2008). For annual survey of labor and employment law, see 61 Mercer L. Rev. 213 (2009). For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For annual survey on labor and employment law, see 64 Mercer L. Rev. 173 (2012). For annual survey on labor and employment law, see 65 Mercer L. Rev. 157 (2013). For annual survey on labor and employment law, see 66 Mercer L. Rev. 121 (2014). For annual survey on labor and employment law, see 67 Mercer L. Rev. 91 (2015). For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017). For annual survey on labor and employment law, see 69 Mercer L. Rev. 141 (2017). For annual survey on labor and employment law, see 70 Mercer L. Rev. 125 (2018). For note, "Publicly Funded Private Security: A Critical Examination of Georgia Law Pertaining to the Private Employment of Off-Duty Police Officers," see 51 Ga. L. Rev. 879 (2017). For comment criticizing Parry v. Davison-Paxon, 87 Ga. App. 51, 73 S.E.2d 59 (1952), see 4 Mercer L. Rev. 368 (1953).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Selection of Employees   Safety of Place of Work   Safety of Tools and Machinery   Safety of Materials and Danger of Disease   Servant's Torts    RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Employment Relationship, §§ 189 et seq., 217 et seq., 241 et seq., 333 et seq.   C.J.S.   - 30 C.J.S. Employers' Liability for Injuries to Employees, §§ 39 et seq., 71 et seq.   ALR.    - Duty to warn servant of danger of cleaning, adjusting or repairing machinery while in motion, 3 A.L.R. 1035.    Duty of master to warn servant against occupational disease, 6 A.L.R. 355; 105 A.L.R. 80.    Negligence of master toward fellow servant in employing a servant who is physically deficient, 11 A.L.R. 783.    What is embraced by words "works," "ways," "equipment," "machinery," etc., in employers' liability acts, 23 A.L.R. 716.    Duty and liability of master to servant injured by horse belonging to master, 26 A.L.R. 871; 42 A.L.R. 226; 60 A.L.R. 468.    Liability of master to common-law employee for injury inflicted by instrumentality of master used by another employee in sport, 30 A.L.R. 693.    Duty of master providing machine of standard make and in common use to equip same with safety device or guard, 36 A.L.R. 1477.    Master's duty to servant to prevent continuance of dangerous sports, 40 A.L.R. 1333.    Liability of independent contractors for injuries to third persons by defects in completed work, 41 A.L.R. 8; 123 A.L.R. 1197.    Recovery by commission salesman given exclusive territory where employer breaches contract of employment, 41 A.L.R. 1175.    Liability of contractee and contractor inter se with respect to injuries sustained while the stipulated work is in course of performance, 44 A.L.R. 891.    Liability of the contractee for injuries sustained by the contractor's servants in the course of the stipulated work, 44 A.L.R. 932.    Liability of master for injuries to servant from exposure to weather conditions, 52 A.L.R. 904.    Employer's promise to remedy defect in instrumentality as affecting defense of assumption of risk or contributory negligence, 61 A.L.R. 901.    Liability of employer for consequences of vaccination or other bodily operation to which employee is subjected, 62 A.L.R. 195.    Liability of master for injuries inflicted on one servant by another by use, maliciously or in sport, of compressed-air device, 62 A.L.R. 1433.    Right, as against vehicle owner, of one not in his general employment injured while assisting in remedying conditions due to accident to automobile or truck on highway, 72 A.L.R. 1283.    Statute denying to employer defense of assumption of risk as affecting simple tool rule, 91 A.L.R. 786.    Inadequacy of appliance for purpose contemplated by Safety Appliance Act as proximate cause of and ground of liability for injury to employee who was using it for another purpose, 96 A.L.R. 1138.    Inference of master and servant relationship and scope of authority in action for negligent injury from fact that person whose acts or statements are relied upon was apparently performing services for defendant upon latter's premises, 112 A.L.R. 337.    Responsibility for injury or damage by or to W.P.A. worker or other workman employed as a means of reducing unemployment, 120 A.L.R. 1148.    Employer's compliance with specific legal standard prescribed by or pursuant to statute for equipment, structure, or material, as defense to charge of negligence, 159 A.L.R. 870.    Liability of railroad for injury to alighting trainman as a result of condition of track or right of way, 172 A.L.R. 594.    Liability of employer for injury to employee due to his physical unfitness for the work to which he was assigned, 175 A.L.R. 982.   Liability in damages for injury to or death of window washer, 17 A.L.R.2d 637.   Duty of owner of premises to furnish independent contractor or his employee a safe place of work, where contract is for repairs, 31 A.L.R.2d 1375.   Liability of employer, other than carrier, for a personal assault upon customer, patron, or other invitee, 34 A.L.R.2d 372.   Failure to furnish assistance to employee as affecting employer's liability for injury or death of employee, 36 A.L.R.2d 8.   Duty of railroad company to prevent injury of employee due to surface condition of yard, 57 A.L.R.2d 493.   Master's liability for servant's injury or death caused in whole or in part by act of God, 62 A.L.R.2d 796.   Master's liability to servant injured by farm machinery, 67 A.L.R.2d 1120.   Master's liability for servant's condition or injury resulting in dermatitis, 74 A.L.R.2d 1029.   Hammer as simple tool within simple tool doctrine, 81 A.L.R.2d 965.   Shipowner's liability for injury caused to seaman or longshoreman by cargo or its stowage, 90 A.L.R.2d 710.   Master's liability to agricultural worker injured other than by farm machinery, 9 A.L.R.3d 1061.   Private person's duty and liability for failure to protect another against criminal attack by third person, 10 A.L.R.3d 619.   Physician's duties and liabilities to person examined pursuant to physician's contract with such person's prospective or actual employer or insurer, 10 A.L.R.3d 1071.   Liability of travel agents for injuries on tour, 53 A.L.R.3d 1310.   Liability for injury or death of participant in theatrical performance or spectacle, 67 A.L.R.3d 451.   Tort liability for window washer's injury or death, 69 A.L.R.4th 207.   Liability of travel publication, travel agent, or similar party for personal injury or death of traveler, 2 A.L.R.5th 396.   What constitutes "agricultural" or "farm" labor within social-security or unemployment-compensation acts, 60 A.L.R.5th 459.   Who is "employer" for purposes of Occupational Safety and Health Act (29 U.S.C.A. § 651 et seq.), 153 A.L.R. Fed. 303.   Technological feasibility as factor affecting validity of, or obligation of compliance with, standards established under Occupational Safety and Health Act (29 U.S.C.A. §§ 651 et seq.), 72 A.L.R. Fed. 2d 461.