reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-29.3 - Immunity for operators of external defibrillators

(a)
The persons described in this Code section shall be immune from civil liability for any act or omission to act related to the provision of emergency care or treatment by the use of or provision of an automated external defibrillator, as described in Code Sections
31-11-53.1
and
31-11-53.2
, except that such immunity shall not apply to an act of willful or wanton misconduct and shall not apply to a person acting within the scope of a licensed profession if such person acts with gross negligence. The immunity provided for in this Code section shall extend to:
(1)
Any person who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator without objection of the person to whom care or treatment is rendered;
(2)
The owner or operator of any premises or conveyance who installs or provides automated external defibrillator equipment in or on such premises or conveyance;
(3)
Any physician or other medical professional who authorizes, directs, or supervises the installation or provision of automated external defibrillator equipment in or on any premises or conveyance other than any medical facility as defined in paragraph (5) of Code Section
31-7-1
; and
(4)
Any person who provides training in the use of automated external defibrillator equipment as required by subparagraph (b)(1)(A) of Code Section
31-11-53.2
, whether compensated or not. This Code section is not applicable to any training or instructions provided by the manufacturer of the automated external defibrillator or to any claim for failure to warn on the part of the manufacturer.
(b)
Nothing in this Code section shall be construed so as to provide immunity to the manufacturer of any automated external defibrillator or off-premises automated external defibrillator maintenance or service providers, nor shall it relieve the manufacturer from any claim for product liability or failure to warn.
Amended by 2008 Ga. Laws 392,§ 2-37, eff. 7/1/2009.
Amended by 2002 Ga. Laws 462,§ 51, eff. 4/18/2002.
Added by 2001 Ga. Laws 225, §2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-29.4 - Liability of voluntary health care providers and sponsoring organizations; cumulative immunity; application

(a)
As used in this Code section, the term:
(1)
"Free health clinic" means a nonprofit, charitable, or eleemosynary institution or organization which voluntarily and without expectation or receipt of payment or other compensation or financial benefit provides health care services to persons who do not qualify for medicare or Medicaid, have no private health insurance, and cannot afford to see a medical care professional.
(2)
"Medical care professional" means a professional who is licensed under Chapter 4 of Title 26 or Chapter 9, 11, 11A, 26, 30, 33, 34, or 44 of Title 43.
(b)
(1)
A free health clinic and its agents, employees, and volunteers when acting within the scope of that relationship shall not be liable to a patient for ordinary negligence which proximately causes injury to or the death of that patient if the services provided to that patient were free of any charge and the free health clinic and the medical care professional whose services are at issue neither received nor expected to receive any payment or other compensation or financial benefit for providing care to that patient.
(2)
A licensed hospital, public school, or nonprofit organization which requests, sponsors, or participates in providing the services of a free health clinic shall not be liable to a patient for ordinary negligence which proximately causes injury to or the death of that patient if the services requested, sponsored, or provided to that patient were free of any charge and the free health clinic, the medical care professional whose services are at issue, the licensed hospital, the public school, or the nonprofit organization did not receive or expect to receive any payment or other compensation or financial benefit for providing care to that patient.
(3)
The immunity granted under this Code section shall not waive or affect and is cumulative of any existing immunity from any other source.
(c)
This Code section shall apply only to causes of action arising on or after July 1, 2004.
Amended by 2005 Ga. Laws 19,§ 51, eff. 4/7/2005.
Added by 2004 Ga. Laws 509,§ 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-29.6 - Liability of health care institutions and providers regarding THC oil

(a)
As used in this Code section, the term:
(1)
"Caregiver" shall have the same meaning as set forth in Code Section
31-2A-18
.
(2)
"Health care institution" shall have the same meaning as set forth in Code Section
51-1-29.5
.
(3)
"Health care provider" means any person licensed, certified, or registered under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or Chapter 4 of Title 26.
(4)
"Low THC oil" shall have the same meaning as set forth in Code Section
16-12-190
.
(b)
A health care institution shall not be subject to any civil liability, penalty, licensing sanction, or other detrimental action and a health care provider shall not be subject to any civil liability, penalty, denial of a right or privilege, disciplinary action by a professional licensing board, or other detrimental action for allowing an individual or caregiver to possess, administer, or use low THC oil on the premises of a health care institution or offices of a health care provider, provided that the possession of such substance is in accordance with the laws of this state.
Amended by 2016 Ga. Laws 625,§ 51, eff. 5/3/2016.
Added by 2015 Ga. Laws 20,§ 5-1, eff. 4/16/2015.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-30 - Liability of officers and agents for acts performed while fighting fires or performing duties at the scene of emergencies

(a)
As used in this Code section, the term "fire department" includes volunteer fire departments established pursuant to local act, ordinance, or resolution or established as nonprofit corporations pursuant to private subscription and any fire department established as a department, bureau, or agency of a municipality, county, fire district, or authority of this state.
(b)
The officers, members, agents, or employees of any fire department established by any county, municipality, fire district, or authority shall not be liable at law for any act or acts done while actually fighting a fire or performing duties at the scene of an emergency, except for willful negligence or malfeasance.
(c)
This Code section shall not affect the right of any party to recover damages for an act which occurred before July 1, 1980.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-30.1 - Exemption from tort liability of drivers and operators of fire apparatus in certain municipalities

(a)
As used in this Code section, the term "fire apparatus" means salvage and first-aid cars, chiefs' cars, hose wagons, pumpers, aerial trucks, water towers, service trucks, supply trucks, or other publicly owned and operated automotive equipment used in fire fighting.
(b)
A driver or operator of fire apparatus publicly owned and operated by any member of a fire department in municipalities having a population of more than 300,000 according to the United States decennial census of 1940 or any future such census shall be exempted from any tort liability by reason of injuries sustained to the person or property of anyone where such damage or injury is caused by the driving of such apparatus in responding to a fire alarm or while returning to a fire station under emergency orders of a chief or assistant chief to put equipment back into service for another call.
(c)
Nothing in this Code section shall affect in any manner the liability of such municipalities owning such fire apparatus for the torts of its employees under the general laws of this state.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-30.2 - Immunity of teachers and school personnel from liability for communicating information concerning drug abuse

Teachers and other school personnel shall be immune from any civil liability for communicating information in good faith concerning drug abuse by any child to that child's parents, to law enforcement officials, or to health care providers.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-30.3 - Immunity from liability for persons providing certain services upon public or private school property and for public or private schools requesting such services

(a)
Unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:
(1)
No natural person who voluntarily and without the expectation or receipt of compensation provides services for and at the request and sanction of a public school or private school and who does not expect or receive compensation with respect to such services from the recipient of such services; or
(2)
No public school or private school which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection
shall be liable for damages or injuries alleged to have been sustained by another person or damages for the injury or death of the other person when the injuries or death are alleged to have occurred by reason of an act or omission occurring on school property in the rendering of such services if such services are provided upon school property or at a school sponsored function.
(b)
This Code section shall not apply to any incident or incidents arising out of the operation of a motor vehicle or motor vehicles. This Code section also shall not apply to any public or private school to the extent that any such public or private school has insurance in effect which covers any damages or injury or death described in paragraph (a) above.
(c)
This Code section shall not apply to persons who are performing tasks associated with their normal or ordinary course of business or their trade or profession.
(d)
This Code section shall apply only to causes of action arising on or after July 1, 1994.
(e)
Nothing in this Code section shall be construed to alter, affect, or repeal any other provision of law granting immunity from liability or to alter or affect any other immunity provision from whatever source and shall be cumulative of any existing immunity from any source.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-30.4 - Immunity from liability for officers providing security at nuclear facilities

Notwithstanding any other provision of law, an authorized security officer as provided for in Code Section
16-11-124
acting within the scope of his or her official duties on the premises of a federally licensed nuclear power facility or the properties adjacent to the facility pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility shall be entitled to immunity as provided in Code Section
51-11-9
. Such officer and the officer's employer or the owner, operator, or licensee of the facility where the officer is providing security services shall also be immune from liability for the officer's good faith performance of his or her duties at such facility in accordance with a nuclear security plan approved by the United States Nuclear Regulatory Commission or other authorized federal agency.
Added by 2006 Ga. Laws 767,§ 5, eff. 5/3/2006.
See 2006 Ga. Laws 767, § 6.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-31 - Liability from donation of canned or perishable food to charitable or nonprofit organizations for use or distribution

(a)
As used in this Code section, the term:
(1)
"Canned food" means any food which has been commercially processed and prepared for human consumption and which has been commercially packaged in such a manner as to remain nonperishable without refrigeration for a reasonable length of time.
(2)
"Donor" includes, but is not limited to, a farmer, processor, distributor, commercial food service operator, wholesaler, or retailer of food.
(3)
"Gleaner" means a person who harvests for use or distribution an agricultural crop that has been donated by the owner.
(4)
"Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. "Perishable food" includes, but is not limited to, table-ready food, cooked foods, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs, fresh fruits or vegetables, and foods that have been noncommercially or commercially packaged or that have been frozen or otherwise require temperature control to remain nonperishable for a reasonable length of time.
(b)
A good faith donor or gleaner of any canned or perishable food apparently fit for human consumption who donates such food to a bona fide charitable or nonprofit organization for use or distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the recklessness or intentional misconduct of the donor or gleaner.
(c)
A bona fide charitable or nonprofit organization which accepts any canned or perishable food apparently fit for human consumption from a good faith donor or gleaner for use or distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the recklessness or intentional misconduct of the charitable or nonprofit organization.
(d)
The provisions of this Code section apply to the good faith donation of canned or perishable food not readily marketable due to appearance, freshness, grade, surplus, or other such considerations.
(e)
The provisions of this Code section shall not be construed to restrict the authority of any lawful agency otherwise to regulate or ban the use of food for human consumption.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-32 - Separate causes of action for personal injury and property damage caused by motor vehicle

In cases arising from the wrongful or negligent operation of a motor vehicle in which the single wrongful or negligent act causes or results in both physical injuries to a person and injuries to the property of such person, the injured person shall have a separate and distinct cause of action against the person whose wrongful or negligent act caused such injury for the physical injury to his person and a separate and distinct cause of action for the injuries to his property. The injured party shall have the right, in his sole discretion, to prosecute each cause of action separately or to combine the two causes of action in one single action.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-33 - Settlement of single action under Code Section 51-1-32 - Evidence in separate action

If the two causes of action specified in Code Section
51-1-32
are tried separately, the fact that a settlement has been made or that a judgment has been rendered in the action for property damage shall not be admissible in evidence in the action for physical injuries to the person. The fact that a settlement has been made or a judgment rendered in the action for the physical injuries to the person shall not be admissible in evidence in the action for property damage.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-35 - When negotiating or obtaining statement from injured adverse party prohibited; effect of prohibited settlement in court action

(a)
No person whose interest is or may become adverse to an injured person who is confined to a hospital or health care center as a patient shall, within 15 days from the date of the occurrence causing the person's injury:
(1)
Negotiate or attempt to negotiate a settlement with the injured patient;
(2)
Obtain or attempt to obtain a general release of liability from the injured patient; or
(3)
Obtain or attempt to obtain any statement, either written or oral from the injured patient, for use in negotiating a settlement or obtaining a release.
(b)
Any settlement agreement entered into or any general release of liability made by any person who is confined in a hospital or health care center after he incurs a personal injury which is obtained contrary to the provisions of subsection (a) of this Code section shall not be admitted as evidence in any court action relating to the injury and shall not be utilized for any purpose in any legal action in connection therewith.
(c)
Nothing in this Code section is intended to preclude an interested party from visiting an injured party while confined as a patient to a hospital or health care center for purposes of expressing concern for the injured or determining the extent of injuries incurred.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-37 - Negligent or improper administration of polygraph examination; measure of damages

(a)
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.
(b)
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.
Amended by 2001 Ga. Laws 316, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-38 - Tort immunity for medical students; exceptions

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-40 - Liability for acts of intoxicated persons

(a)
The General Assembly finds and declares that the consumption of alcoholic beverages, rather than the sale or furnishing or serving of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection (b) of this Code section.
(b)
A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of such person, including injury or death to other persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage. Nothing contained in this Code section shall authorize the consumer of any alcoholic beverage to recover from the provider of such alcoholic beverage for injuries or damages suffered by the consumer.
(c)
In determining whether the sale, furnishing, or serving of alcoholic beverages to a person not of legal drinking age is done willfully, knowingly, and unlawfully as provided in subsection (b) of this Code section, evidence that the person selling, furnishing, or serving alcoholic beverages had been furnished with and acted in reliance on identification as defined in subsection (d) of Code Section
3-3-23
showing that the person to whom the alcoholic beverages were sold, furnished, or served was 21 years of age or older shall constitute rebuttable proof that the alcoholic beverages were not sold, furnished, or served willfully, knowingly, and unlawfully.
(d)
No person who owns, leases, or otherwise lawfully occupies a premises, except a premises licensed for the sale of alcoholic beverages, shall be liable to any person who consumes alcoholic beverages on the premises in the absence of and without the consent of the owner, lessee, or lawful occupant or to any other person, or to the estate or survivors of either, for any injury or death suffered on or off the premises, including damage to property, caused by the intoxication of the person who consumed the alcoholic beverages.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-41 - Liability of sports officials at amateur athletic contests

(a)
Sports officials who officiate amateur athletic contests at any level of competition in this state shall not be liable to any person or entity in any civil action for injuries or damages claimed to have arisen by virtue of actions or inactions related in any manner to officiating duties within the confines of the athletic facility at which the athletic contest is played.
(b)
For the purposes of this Code section, the term "sports officials" means:
(1)
Those individuals who serve as referees, umpires, linesmen, and those who serve in similar capacities but may be known by other titles and are duly registered with or are members of a local, state, regional, or national organization which is engaged in part in providing education and training to sports officials; and
(2)
Those individuals who render service without compensation as a manager, coach, instructor, or assistant manager, coach, or instructor in any system of supervised recreation established pursuant to Chapter 64 of Title 36.
(c)
Nothing in this Code section shall be deemed to grant the protection set forth in subsection (a) of this Code section to sports officials who cause injury or damage to a person or entity by actions or inactions which are intentional, willful, wanton, reckless, malicious, or grossly negligent.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-42 - Limitation of liability for transportation of senior citizens by volunteer

(a)
As used in this Code section, the term:
(1)
"Charitable organization" means any charitable unit of a religious or civic group, including those supported wholly or partially by private donations.
(2)
"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.
(3)
"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.
(b)
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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-43 - "Roller Skating Safety Act of 1993."

(a)
This Code section shall be known and may be cited as the "Roller Skating Safety Act of 1993."
(b)
As used in this Code section, the term:
(1)
"Operator" means a person or entity who owns or controls or who has operational responsibility for a roller skating center.
(2)
"Roller skater" means a person wearing roller skates while that person is in a roller skating center for the purpose of roller skating.
(3)
"Roller skating center" means a building, facility, or premises which provides an area specifically designed to be used for roller skating by the public.
(4)
"Spectator" means a person who is present in a roller skating center only for the purpose of observing skating activity, whether recreational or competitive.
(c)
Each operator of a roller skating center shall be required to:
(1)
Post the duties of roller skaters and spectators as prescribed in this Code section in conspicuous places;
(2)
Comply with the safety standards ordinarily accepted in the roller skating rink industry;
(3)
Maintain roller skating equipment and roller skating surfaces according to the safety standards cited in paragraph (2) of this subsection; and
(4)
Maintain the stability and legibility of all required signs, symbols, and posted notices.
(d)
While in a roller skating center, each roller skater shall do all of the following:
(1)
Maintain reasonable control of his or her speed and course at all times;
(2)
Read all posted signs and warnings;
(3)
Maintain a proper lookout to avoid other roller skaters and objects;
(4)
Accept the responsibility for knowing the range of his or her own ability to negotiate the intended direction of travel while on roller skates and to skate within the limits of that ability; and
(5)
Refrain from acting in a manner which may cause injury to others.
(e)
Each person who participates in roller skating in a roller skating center accepts the risks that are inherent in that activity insofar as the risks are obvious and necessary.
(f)
A roller skater, spectator, or operator who violates the provisions of this Code section shall be liable in a civil action for damages for that portion of the loss or damage resulting from the violation.
(g)
Nothing in this Code section shall be construed to relieve an operator from exercising ordinary diligence in his or her operational responsibility.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-44 - Limitation of liability for dental students

(a)
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.
(b)
Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or dentist.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-48 - Diligence required in reviewing claims; nonwaivable liability is not created; definitions

(a)
Any claim administrator, health care advisor, private review agent, or other person or entity which administers benefits or reviews or adjusts claims under a managed care plan shall exercise ordinary diligence to do so in a timely and appropriate manner in accordance with the practices and standards of the profession of the health care provider generally. Notwithstanding any other provision of law to the contrary, any injury or death to an enrollee resulting from a want of such ordinary diligence shall be a tort for which a recovery may be had against the managed care entity offering such plan, but no recovery shall be had for punitive damages for such tort.
(b)
The provisions of this Code section may not be waived, shifted, or modified by contract or agreement and responsibility therefor shall be a duty which shall not be delegated. Any effort to waive, modify, delegate, or shift liability for a breach of the duty provided by this Code section, through a contract for indemnification or otherwise, shall be invalid.
(c)
This Code section shall not create any liability on the part of an employer of an enrollee or that employer's employees, unless the employer is the enrollee's managed care entity. This Code section shall not create any liability on the part of an employee organization, a voluntary employee beneficiary organization, or a similar organization, unless such organization is the enrollee's managed care entity and makes coverage determinations under a managed care plan.
(d)
As used in this Code section and in Code Section
51-1-49
, the terms "claim administrator," "enrollee," "health care advisor," and "private review agent" shall be defined as set forth in Chapter 46 of Title 33 except that "enrollee" shall include the enrollee's eligible dependents; "managed care entity" and "managed care plan" shall be defined as set forth in Code Section
33-20A-3
; and "independent review" means a review pursuant to Article 2 of Chapter 20A of Title 33, the "Patient's Right to Independent Review Act."
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-49 - Requirements for maintaining cause of action against managed care entity; notice; independent review

(a)
No person may maintain a cause of action pursuant to Code Section
51-1-48
unless the affected enrollee or the enrollee's representative:
(1)
Has exhausted the grievance procedure provided for under Code Section
33-20A-5
and before instituting the action:
(A)
Gives written notice of intent to file suit to the managed care entity; and
(B)
Agrees to submit the claim to independent review if required under subsection (c) of this Code section; or
(2)
Has filed a pleading alleging in substance that:
(A)
Harm to the enrollee has already occurred for which the managed care entity may be liable; and
(B)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-50 - Immunity of broadcasters from liability for Levi's Call: Georgia's Amber Alert Program

(a)
As used in this Code section, the term:
(1)
"Broadcast" means the transmission of video or audio programming by an electronic or other signal conducted by radiowaves or microwaves, by wires, lines, coaxial cables, wave guides or fiber optics, by satellite transmissions directly or indirectly to viewers or listeners, or by any other means of communication.
(2)
"Broadcaster" means any corporation or other entity that is engaged in the business of broadcasting video or audio programming, whether through the public airwaves, by cable, by direct or indirect satellite transmission, or by any other means of communication.
(3)
"Levi's Call: Georgia's Amber Alert Program" means the voluntary program entered into by the Georgia Bureau of Investigation, the Georgia Emergency Management and Homeland Security Agency, the Georgia Association of Broadcasters, and certain broadcasters licensed to serve in the State of Georgia, which program provides that if the Georgia Bureau of Investigation verifies that a child has been abducted and is in danger, an alert containing known details of the abduction is transmitted to the Georgia Emergency Management and Homeland Security Agency, which is then transmitted by the Georgia Emergency Management and Homeland Security Agency to broadcasters in Georgia; and those broadcasters participating in the program then broadcast or otherwise disseminate the alert to listeners, viewers, or subscribers.
(b)
Any broadcaster participating in Levi's Call: Georgia's Amber Alert Program shall not be liable for any civil damages arising from the broadcast or other dissemination of any alert generated pursuant to the Levi's Call: Georgia's Amber Alert Program. The immunity provided for in this Code section shall apply to any broadcast or dissemination of information that is substantially consistent with the information transmitted by the Georgia Emergency Management and Homeland Security Agency and that takes place during an alert requested by the Georgia Emergency Management and Homeland Security Agency and for a period of two hours after such alert has ended or the Georgia Emergency Management and Homeland Security Agency informs the participating broadcasters that the alert has changed in content.
(c)
Nothing in this Code section shall be construed to limit or restrict in any way any legal protection a broadcaster may have under any other law for broadcasting or otherwise disseminating any information.
Amended by 2016 Ga. Laws 335,§ 23, eff. 7/1/2016.
Amended by 2005 Ga. Laws 19,§ 51, eff. 4/7/2005.
Added by 2004 Ga. Laws 438,§ 1, eff. 4/9/2004.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-51 - Limitations on liability of liquefied petroleum gas providers

(a)
As used in this Code section, the term:
(1)
"Liquefied petroleum gas equipment" means a liquefied petroleum gas appliance or liquefied petroleum gas equipment.
(2)
"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.
(b)
A liquefied petroleum gas provider shall be immune from civil liability if the proximate cause of the injury or damages was:
(1)
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
(2)
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.
(c)
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.
(d)
This Code section shall apply to any cause of action arising on or after July 1, 2005.
Added by 2005 Ga. Laws 364,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 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

(a)
As used in this Code section, the term:
(1)
"Criteria" means criteria relating to administrative procedures and shall not include criteria relating to medical treatment, quality of care, or best practices.
(2)
"Guideline" means a guideline relating to administrative procedures and shall not include guidelines relating to medical treatment, quality of care, or best practices.
(3)
"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
.
(4)
"Standard" means a standard relating to administrative procedures and shall not include standards relating to medical treatment, quality of care, or best practices.
(b)
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.
Added by 2013 Ga. Laws 193,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-53 - Recreational joint-use agreements

(a)
As used in this Code section, the term:
(1)
"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.
(2)
"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.
(3)
"School" means any public pre-kindergarten, elementary school, or secondary school.
(b)
A recreational joint-use agreement shall:
(1)
Set forth the terms and conditions of the use of a facility;
(2)
Include a hold harmless provision in favor of the governing authority;
(3)
Be revocable at any time by the governing authority of the school;
(4)
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
(5)
Provide a citation that such agreement shall be governed by this Code section.
(c)
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.
(d)
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.
(e)
This Code section shall apply to causes of action arising on or after July 1, 2013.
Added by 2013 Ga. Laws 276,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-54 - Program and Treatment Completion Certificate

(a)
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
.
(b)
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.
(c)
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.
Amended by 2017 Ga. Laws 226,§ 2-17, eff. 7/1/2017.
Added by 2014 Ga. Laws 476,§ 1-7, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-55 - Firearm instructor liability

(a)
As used in this Code section, the term:
(1)
"Dangerous weapon" shall have the same meaning as provided for under Code Section
16-11-121
.
(2)
"Firearm" means any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and which is not a dangerous weapon.
(b)
Any instructor who lawfully instructs, educates, or trains a person in the safe, proper, or technical use of a firearm shall be immune from civil liability for any injuries caused by the failure of such person to use such firearm properly or lawfully.
Added by 2017 Ga. Laws 217,§ 9, eff. 5/8/2017.