reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 5 - CONSTRUCTION AND APPLICATION (§§ 50-39-60 — 50-39-61) › Section 50-39-61 - Application of Chapter 1 of Title 40

No provision of Chapter 1 of Title 40 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 1 - GENERAL PROVISIONS (§§ 50-40-1 — 50-40-3) › Section 50-40-1 - Definitions

As used in this chapter, the term:
(1)
"Broadband network project" means any deployment of broadband services.
(2)
"Broadband services" means a wired or wireless terrestrial service that consists of the capability to transmit at a rate of not less than 25 megabits per second in the downstream direction and at least 3 megabits per second in the upstream direction to end users and in combination with such service provides:
(A)
Access to the internet; or
(B)
Computer processing, information storage, or protocol conversion.
(3)
"Broadband services provider" means any provider of broadband services or a public utility or any other person or entity that builds or owns a broadband network project.
(4)
"Development authority" shall have the same meaning as provided in Code Section
36-62A-20
.
(5)
"Eligible applicants" means any or all public bodies, designated by the Department of Community Affairs pursuant to paragraph (2) of subsection (b) of Code Section
50-40-81
, as political subdivisions qualified to apply for funds under this article.
(6)
"Local authority" shall have the same meaning as provided in Code Section
36-82-220
.
(7)
"Location" means any residence, dwelling, home, business, or building.
(8)
"Political subdivision" means a county, municipal corporation, consolidated government, or local authority.
(9)
"Qualified broadband provider" means an entity that is authorized to apply for or that obtains a certificate of authority issued pursuant to Code Section
46-5-163
that:
(A)
(i)
Has, directly or indirectly, been providing broadband services to at least 1,000 locations; and
(ii)
Has been conducting business in the state for at least three years with a demonstrated financial, technical, and operational capability to operate a broadband services network; or
(B)
Is able to demonstrate financial, technical, and operational capability to operate a broadband services network.
(10)
"Served area" means a census block that is not designated by the Department of Community Affairs as an unserved area.
(11)
"Unserved area" means a census block in which broadband services are not available to 20 percent or more of the locations as determined by the Department of Community Affairs pursuant to Article 2 of this chapter.
Amended by 2021 Ga. Laws 307,§ 50, eff. 5/10/2021.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 1 - GENERAL PROVISIONS (§§ 50-40-1 — 50-40-3) › Section 50-40-3 - Confidential and proprietary nature of information provided by broadband service providers

(a)
All information provided by a broadband services provider pursuant to this chapter shall be presumed to be confidential, proprietary, a trade secret as such term is defined in Code Section
10-1-761
, and subject to exemption from disclosure under state and federal law and shall not be subject to disclosure under Article 4 of Chapter 18 of this title, except in the form of a map where information that could be used to determine provider-specific information about the network of the broadband services provider is not disclosed.
(b)
Except as otherwise provided in this chapter, such provider-specific information shall be used solely for the purposes stated under this chapter and shall not, without express permission of the submitting broadband services provider, be released to any person other than to:
(1)
The submitting broadband services provider;
(2)
The Department of Community Affairs or the Georgia Technology Authority;
(3)
Agents designated to assist in developing the map provided for in Article 2 of this chapter;
(4)
Agents designated to assist in developing a state-wide broadband services deployment plan or supporting the coordination of funding programs associated with broadband services pursuant to this chapter;
(5)
Employees of the Department of Community Affairs or the Georgia Technology Authority; or
(6)
Attorneys employed by or under contract with the Department of Community Affairs or the Georgia Technology Authority.
(c)
All persons and entities to which any provider-specific information is released pursuant to subsection (b) of this Code section shall protect such information from public disclosure. Nothing in this Code section shall prohibit such persons and entities to publish the maps provided for in this chapter, provided that no data is publicly distributed that could be used to determine provider-specific information about the network of the broadband services provider.
Amended by 2023 Ga. Laws 249,§ 1, eff. 5/2/2023.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 2 - AREA IDENTIFICATION (§§ 50-40-20 — 50-40-22) › Section 50-40-20 - Determination of served and unserved areas

(a)
The Department of Community Affairs shall determine those areas in this state that are served areas and unserved areas and shall publish such findings.
(b)
In addition to the determinations required under subsection (a) of this Code section, the Department of Community Affairs shall separately determine which locations are eligible for state or federal funding programs administered by the state for improved broadband services and shall publish such findings. Location eligibility for federal funding programs administered by the state for improved broadband services shall be determined based on the rules, regulations, and guidance set forth by each funding program.
Amended by 2023 Ga. Laws 249,§ 2, eff. 5/2/2023.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 2 - AREA IDENTIFICATION (§§ 50-40-20 — 50-40-22) › Section 50-40-22 - Petition contesting maps

(a)
An entity that is authorized to apply for or that obtains a certificate of authority pursuant to Code Section
45-5-163
, a broadband services provider, or a political subdivision may file a petition with the Department of Community Affairs along with data specifying locations or census blocks which the petitioner alleges should be designated differently than as shown on the map published on the website of the Department of Community Affairs pursuant to Code Section
50-40-21
. Upon receipt of such petition and data, the Department of Community Affairs shall provide notice of the petition on the Department of Community Affairs' website and shall notify all broadband services providers furnishing broadband services in such census block or any census block in which any such locations are positioned. Such broadband services providers shall have 45 days after the date such notice is sent to furnish information to the Department of Community Affairs showing whether the locations that are the subject of the petition currently have broadband services available. The Department of Community Affairs shall determine whether the designation of such locations or census blocks should be changed and shall issue such determination within 75 days of the date the notice is sent to the broadband services provider.
(b)
Any determination made by the Department of Community Affairs pursuant to this Code section shall be final and not subject to review, and any such determination shall not be a contested case under Chapter 13 of Title 50, "Georgia Administrative Procedure Act."
Amended by 2019 Ga. Laws 321,§ 50, eff. 5/12/2019.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 3 - BROADBAND COMMUNITIES (§§ 50-40-40 — 50-40-45) › Section 50-40-40 - Certification as broadband ready community; requirements for certification

(a)
A political subdivision that has a comprehensive plan that includes the promotion of the deployment of broadband services, as required pursuant to Code Sections
36-70-6
and
50-8-7.1
, may apply to the Department of Community Affairs for certification as a broadband ready community. The department shall by rules and regulations prescribe the form and manner for making an application. The department shall prescribe by rules and regulations a process for public notice and comment on an application for a period of at least 30 days after such application is received, except that such process shall not apply to an application by a political subdivision that enacts a model ordinance developed by the department under Code Section
50-40-41
.
(b)
The department shall approve an application and certify a political subdivision as a broadband ready community if the department determines that such political subdivision has enacted an ordinance that complies with Code Section
50-40-41
. If the process for public notice and comment applies to an application, the department shall, before approving such application, consider any public comments made regarding such application.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 3 - BROADBAND COMMUNITIES (§§ 50-40-40 — 50-40-45) › Section 50-40-42 - Decertification by department

A political subdivision that the department has certified as a broadband ready community under Code Section
50-40-41
may be decertified by the department if it:
(1)
Imposes an unreasonable or noncost based fee to review an application or issue a permit for a broadband network project. Any application fee that exceeds $100.00 shall be considered unreasonable unless such political subdivision can provide documentation justifying such fee based on a specific cost;
(2)
Imposes a moratorium of any kind on the approval of applications or issuance of permits for broadband network projects or on construction related to broadband network projects;
(3)
Discriminates among broadband services providers with respect to any action described in this article or otherwise related to a broadband network project, including granting access to public rights of way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by such political subdivision; or
(4)
As a condition for approving an application or issuing a permit for a broadband network project, requires the applicant to:
(A)
Provide any service or make available any part of the broadband network project to such political subdivision; or
(B)
Except for reasonable and cost based fees allowed, make any payment to or on behalf of such political subdivision.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 3 - BROADBAND COMMUNITIES (§§ 50-40-40 — 50-40-45) › Section 50-40-43 - Request for decertification from broadband service provider; determination on reasonableness of fee

(a)
Upon the request of a broadband services provider, the department may decertify a political subdivision as a broadband ready community if such political subdivision fails to act in accordance with the ordinance required for certification under Code Section
50-40-41
, modifies such ordinance so that such ordinance no longer complies with subsection (a) of Code Section
50-40-41
, or violates any provision of Code Section
50-40-42
.
(b)
Upon a complaint that an application fee under an ordinance required for certification under Code Section
50-40-41
is unreasonable, the department shall determine whether or not such fee is reasonable. In the proceeding for making such determination, the political subdivision shall have the burden of proving the reasonableness of any action undertaken by such political subdivision as part of the application process and the reasonableness of the costs of such actions.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 3 - BROADBAND COMMUNITIES (§§ 50-40-40 — 50-40-45) › Section 50-40-44 - Priority of certain projects

A broadband network project targeting industry development or construction of a new building for which a political subdivision that has been certified as a broadband ready community under Code Section
50-40-40
is seeking financing from the OneGeorgia Authority, as provided for in Chapter 34 of this title, shall be given priority by the OneGeorgia Authority.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 3 - BROADBAND COMMUNITIES (§§ 50-40-40 — 50-40-45) › Section 50-40-45 - Regulatory authority

The department shall promulgate any reasonable and necessary rules and regulations to effectuate the provisions of this article.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 4 - GEORGIA BROADBAND READY COMMUNITY SITE DESIGNATION PROGRAM (§§ 50-40-60 — 50-40-63) › Section 50-40-60 - "Broadband services" defined

As used in this article, the term "broadband services" means the provision of access to the internet or computer processing, information storage, or protocol conversion.
Amended by 2021 Ga. Laws 307,§ 50, eff. 5/10/2021.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 4 - GEORGIA BROADBAND READY COMMUNITY SITE DESIGNATION PROGRAM (§§ 50-40-60 — 50-40-63) › Section 50-40-61 - Creation of Georgia Broadband Ready Community Site Designation Program

In order to encourage economic development and attract technology enabled growth in Georgia, the Department of Community Affairs shall, with the assistance of the Department of Economic Development, create and administer the "Georgia Broadband Ready Community Site Designation Program." Such program shall designate facilities and developments that offer broadband services at a rate of not less than 1 gigabit per second in the downstream to end users that can be accessed for business, education, health care, government, and other public purposes as a Georgia Broadband Ready Community Site.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 4 - GEORGIA BROADBAND READY COMMUNITY SITE DESIGNATION PROGRAM (§§ 50-40-60 — 50-40-63) › Section 50-40-62 - Evaluation of applicant information; promotion

(a)
The Department of Community Affairs or its designated agents shall evaluate the information submitted by applicants for designation as a Georgia Broadband Ready Community Site to confirm, based on the best available local, state, and federal broadband information, that at least 1 gigabit of broadband services is available within the facility or development.
(b)
The Department of Economic Development shall promote the Georgia Broadband Ready Community Site Designation Program and shall promote the facilities and developments so designated as local community assets. Upon certification of a facility or development as a Georgia Broadband Ready Community Site, the Department of Community Affairs shall notify the Department of Economic Development so that the Department of Economic Development may provide standardized graphics and materials to the owner or owners of such facility or development and the county or municipal corporation in which such facility or development is located in order to promote the status of the site as a Georgia Broadband Ready Community Site.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 4 - GEORGIA BROADBAND READY COMMUNITY SITE DESIGNATION PROGRAM (§§ 50-40-60 — 50-40-63) › Section 50-40-63 - Regulatory authority of Department of Community Affairs

The Department of Community Affairs shall be authorized to adopt and promulgate such rules and regulations as may be reasonable and necessary to carry out the purposes of this article.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 5 - GEORGIA BROADBAND DEPLOYMENT INITIATIVE (§§ 50-40-80 — 50-40-84) › Section 50-40-80 - Legislative findings

(a)
The General Assembly recognizes that access to broadband services in today's society is essential to everyday life. Access to broadband services is a necessary service as fundamental as electricity, gas, or phone service. There is a growing need for the government of this state to provide the much needed infrastructure to the homes and businesses without access to broadband services due to their location in rural and other unserved areas. Furthermore, the General Assembly finds and declares that ensuring broadband services deployment will have a positive effect on education, health care, public safety, business and industry, government services, and leisure activities throughout the entire state. The General Assembly also finds and declares that guaranteeing an equitable deployment of broadband services throughout the state is a public necessity, one of the basic functions of government, and a benefit to the entire state. Moreover, the General Assembly finds and declares that it is in the best interest of the state and the persons who live and work in the state to spend state funds through the establishment of a grant program to ensure the creation of a state-wide foundation of broadband services infrastructure in unserved areas of the state.
(b)
The General Assembly hereby finds and determines that the economic benefits that will inure to the State of Georgia and designated political subdivisions from the Georgia Broadband Deployment Initiative provided for in this article and from the performance by private sector persons and entities of the obligations that they will incur in connection with such Georgia Broadband Deployment Initiative, will be equal to or greater than the benefits to be derived by such private sector persons and entities in connection therewith, and that, therefore, the Georgia Broadband Deployment Initiative does not violate the prohibition in the Georgia Constitution on the payment by public bodies of gratuities to private sector persons or entities.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 5 - GEORGIA BROADBAND DEPLOYMENT INITIATIVE (§§ 50-40-80 — 50-40-84) › Section 50-40-82 - Oversight and coordination of state efforts for broadband services

In addition to developing the program provided for in Code Section
50-40-81
, the Department of Community Affairs shall provide oversight and coordination of state efforts to apply for, utilize, and implement public and private grants, programs, designations, and other resources for the deployment of broadband services and other emerging communications technologies.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 5 - GEORGIA BROADBAND DEPLOYMENT INITIATIVE (§§ 50-40-80 — 50-40-84) › Section 50-40-83 - Regulatory authority and administration of program

The Department of Community Affairs shall promulgate and enforce any reasonable and necessary rules and regulations to effectuate the provisions of this article and administer any of the programs provided for in this article.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 40 - PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES (§§ 50-40-1 — 50-40-84) › Article 5 - GEORGIA BROADBAND DEPLOYMENT INITIATIVE (§§ 50-40-80 — 50-40-84) › Section 50-40-84 - Progress report; publication

On June 30, 2019, and on each June 30 thereafter, the Department of Community Affairs shall submit a report to the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor on the progress in achieving the purposes of this article, including, at a minimum the status of any funding awards. Such report may be a part of or submitted in conjunction with the report required to be submitted by the Georgia Technology Authority pursuant to Code Section
50-40-2
. Such report shall be published on the website of the Department of Community Affairs.
Added by 2018 Ga. Laws 423,§ 6-1, eff. 5/7/2018.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-1 - Tort defined

A tort is the unlawful violation of a private legal right other than a mere breach of contract, express or implied. A tort may also be the violation of a public duty if, as a result of the violation, some special damage accrues to the individual.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-2 - Ordinary diligence and ordinary negligence defined

In general, ordinary diligence is that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances. As applied to the preservation of property, the term "ordinary diligence" means that care which every prudent man takes of his own property of a similar nature. The absence of such diligence is termed ordinary negligence.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-3 - Extraordinary diligence and slight negligence defined

In general, extraordinary diligence is that extreme care and caution which very prudent and thoughtful persons exercise under the same or similar circumstances. As applied to the preservation of property, the term "extraordinary diligence" means that extreme care and caution which very prudent and thoughtful persons use in securing and preserving their own property. The absence of such extraordinary diligence is termed slight negligence.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-4 - Slight diligence and gross negligence defined

In general, slight diligence is that degree of care which every man of common sense, however inattentive he may be, exercises under the same or similar circumstances. As applied to the preservation of property, the term "slight diligence" means that care which every man of common sense, however inattentive he may be, takes of his own property. The absence of such care is termed gross negligence.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-5 - Meaning of "due care" in reference to child of tender years

The term "due care," when used in reference to a child of tender years, is such care as the child's mental and physical capacities enable him to exercise in the actual circumstances of the occasion and situation under investigation.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-6 - Recovery of damages upon breach of legal duty

When the law requires a person to perform an act for the benefit of another or to refrain from doing an act which may injure another, although no cause of action is given in express terms, the injured party may recover for the breach of such legal duty if he suffers damage thereby.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-7 - When infraction of public duty gives cause of action to individual

Injury suffered in common with the community, though to a greater extent, will not give a right of action to an individual for the infraction of some public duty. In order for an individual to have such a right of action, there must be some special damage to him, in which the public has not participated.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-8 - Right of action arising from breach of private duty

Private duties may arise from statute or from relations created by contract, express or implied. The violation of a private duty, accompanied by damage, shall give a right of 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 51-1-9 - Recovery for torts to self, wife, child, ward, or servant

Every person may recover for torts committed to himself, his wife, his child, his ward, or his servant.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-10 - Who may bring an action for torts to wife; action by wife living apart from husband for torts to self or children

If a tort shall be committed upon the person or reputation of the wife, the husband or wife may recover therefor; if the wife shall be living separate from the husband, she may bring an action for such torts and also torts to her children and recover the same to her use.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-11 - When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected

(a)
Except as otherwise provided in this Code section, no privity is necessary to support a tort action; but, if the tort results from the violation of a duty which is itself the consequence of a contract, the right of action is confined to the parties and those in privity to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section
11-2-318
.
(b)
(1)
The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.
(2)
No action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.
(3)
A manufacturer may not exclude or limit the operation of this subsection.
(c)
The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negligence of a manufacturer as the basis of liability, except an action seeking to recover from a manufacturer for injuries or damages arising out of the negligence of such manufacturer in manufacturing products which cause a disease or birth defect, or arising out of conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from use of a product once that danger becomes known to the manufacturer.
(d)
Irrespective of privity, a manufacturer shall not be held liable for the manufacture of a product alleged to be defective based on theories of market share or enterprise, or other theories of industry-wide liability.
(e)
Irrespective of privity, a manufacturer of a product alleged to be defective shall not be held liable for a public nuisance based on theories of market share or enterprise, or other theories of industry-wide liability.
Amended by 2009 Ga. Laws 111,§ 1, eff. 5/4/2009.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-11.1 - Liability of product seller as a manufacturer

(a)
As used in this Code section, the term "product seller" means a person who, in the course of a business conducted for the purpose leases or sells and distributes; installs; prepares; blends; packages; labels; markets; or assembles pursuant to a manufacturer's plan, intention, design, specifications, or formulation; or repairs; maintains; or otherwise is involved in placing a product in the stream of commerce. This definition does not include a manufacturer which, because of certain activities, may additionally be included within all or a portion of the definition of a product seller.
(b)
For purposes of a product liability action based in whole or in part on the doctrine of strict liability in tort, a product seller is not a manufacturer as provided in Code Section
51-1-11
and is not liable as such.
(c)
Nothing contained in this Code section shall be construed to grant a cause of action in strict liability in tort or any other legal theory or to affect the right of any person to seek and obtain indemnity or contribution.
(d)
This Code section shall apply to all causes of action accruing on or after July 1, 1987.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-12 - Liability for ratifying tort

By ratification of a tort committed for his own benefit, the ratifier becomes as liable as if he had commanded that it be committed. A person ratifying a tort does not become liable, however, if the act was done for the benefit of a third person.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-13 - Cause of action for physical injury; intention considered in assessing damages

A physical injury done to another shall give a right of action to the injured party, whatever may be the intention of the person causing the injury, unless he is justified under some rule of law. However, intention shall be considered in the assessment of damages.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-14 - Violent injury or attempt to commit injury

Any violent injury or illegal attempt to commit a physical injury upon a person is a tort for which damages may be recovered.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-15 - Right of action for abduction or harboring of wife

A husband shall have a right of action against another for abducting or harboring his wife. Furnishing shelter and food to a wife driven from her home by cruel treatment is an act of humanity and shall give no right of action to the husband.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-16 - Right of action for seduction of daughter; exemplary damages

The seduction of a daughter, unmarried and living with her parent, whether followed by pregnancy or not, shall give a right of action to the father or to the mother if the father is dead, or absent permanently, or refuses to bring an action. No loss of services need be alleged or proved. The seduction is the gist of the action, and in well-defined cases exemplary damages shall be granted.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-17 - Rights of action for adultery, alienation of affections, and criminal conversation abolished

Adultery, alienation of affections, or criminal conversation with a wife or husband shall not give a right of action to the person's spouse. Rights of action for adultery, alienation of affections, or criminal conversation are abolished.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-18 - Furnishing alcoholic beverages to minor children; gambling with minor children

(a)
The custodial parent or parents shall have a right of action against any person who shall sell or furnish alcoholic beverages to that parent's underage child for the child's use without the permission of the child's parent.
(b)
A parent shall have a right of action against any person who shall play and bet at any game of chance with his minor child for money or any other thing of value without the parent's permission.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-19 - Negligence by person given trust or confidence for consideration

When trust or confidence is reposed in a person in consideration of the payment or promise of a reward to him, negligence in the person trusted which results in injury to the other person shall give the injured party a right of 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 51-1-20 - Liability of persons serving charitable organizations and public entities while acting in good faith

(a)
A person serving with or without compensation as a member, director, or trustee, or as an officer of the board without compensation, of any nonprofit hospital or association or of any nonprofit, charitable, or eleemosynary institution or organization or of any local governmental agency, board, authority, or entity shall be immune from civil liability for any act or any omission to act arising out of such service if such person was acting in good faith within the scope of his or her official actions and duties and unless the damage or injury was caused by the willful or wanton misconduct of such person.
(b)
As used in this Code section, the term "compensation" shall not include reimbursement for reasonable expenses related to said services.
(c)
This Code section shall not affect any immunity of any person arising from any source, whether or not such person may additionally be subject to and possess an immunity provided by this Code section. The immunity provided by this Code section shall be supplemental to any such existing immunity.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-20.2 - Liability of child passenger safety technicians

(a)
As used in this Code section, the term:
(1)
"Child passenger safety technician" means a person who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association, or other entity designated by the National Highway Traffic Safety Administration but specifically does not include any person who is an employee or agent of a manufacturer of child safety seats.
(2)
"Child safety seat" means a seat as defined in paragraph (1) of subsection (b) of Code Section
40-8-76
.
(3)
"Sponsoring organization" means a person or organization other than a manufacturer of or an employee or agent of a manufacturer of child safety seats that:
(A)
Offers or arranges for the public a nonprofit child safety seat educational program, checkup event, or fitting station program utilizing child passenger safety technicians; or
(B)
Owns property upon which a nonprofit child safety seat educational program, checkup event, or fitting station program for the public occurs utilizing child passenger safety technicians.
(b)
A child passenger safety technician or sponsoring organization shall not be liable to any person as a result of any act or omission that occurs solely in the inspection, installation or adjustment of a child safety seat, or in providing education regarding the installation or adjustment of a child safety seat if the child passenger safety technician or sponsoring organization provides the services without a fee and acts in good faith within the scope of training for which the technician is currently certified and unless the act or omission constitutes willful and wanton misconduct or gross negligence.
(c)
Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of a child safety seat 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, 2002.
Added by 2002 Ga. Laws 923,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-21 - Liability of owner of watercraft for torts generally

(a)
As used in this Code section, the term:
(1)
"Owner" means a person other than a secured party who has title to personal property or who has the use and possession of personal property subject to a security interest.
(2)
"Watercraft" means any boat, vessel, or craft, other than a seaplane, used as a means of transportation on water.
(b)
The owner of a watercraft shall be liable for any tort caused by the operation of the watercraft, in the same manner and to the same degree as the owner of an automobile is liable for torts caused by its operation.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-22 - Owner's liability for negligent operation of vessel; express or implied consent prerequisite

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the statutes of this state or of neglecting to observe such ordinary care in such operation as the rules of common law require. The owner shall not be liable, however, unless the vessel is being used with his or her express or implied consent. It shall be presumed that the vessel is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, the vessel is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. Nothing contained in this Code section shall be construed to relieve any other person from any liability which he would otherwise have nor shall anything contained in this Code section be construed to authorize or permit any recovery in excess of injury or damage actually 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 51-1-23 - Sale of unwholesome provisions

Any person who knowingly or negligently sells unwholesome provisions of any kind to another person, the defect being unknown to the purchaser, by the use of which damage results to the purchaser or to his family, shall be liable in damages for such injury.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-24 - Sale of adulterated drugs or alcoholic beverages

Any person who knowingly or negligently, by himself or his agent, sells adulterated drugs or alcoholic beverages to another person, by the use of which damage accrues to the purchaser, his patients, his family, or his property, shall be liable in damages for the injury done.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-25 - Furnishing of wrong article or medicine by vender of drugs and medicines

If a vender of drugs and medicines, by himself or his agent, either knowingly or negligently furnishes the wrong article or medicine and damage accrues to the purchaser, his patients, his family, or his property from the use of the drug or medicine furnished, the vender shall be liable for the injury done.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-26 - Survivability of actions under Code Sections 51-1-23 through 51-1-25

If death ensues as a result of any injury or damage in any case arising under Code Section
51-1-23
,
51-1-24
, or
51-1-25
, the right of action for such death shall survive as provided in Chapter 4 of this title.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-27 - Recovery for medical malpractice authorized

A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-28 - Transfusions, transplants, and transfers of human blood, tissue, organs; negligence prerequisite to recovery for damages

(a)
The injection, transfusion, or other transfer of human whole blood, blood plasma, blood products, or blood derivatives and the transplanting or other transfer of any tissue, bones, or organs into or onto the human body shall not be considered a sale of any commodity, goods, property, or product subject to sale or barter but, instead, shall be considered as the rendition of medical services. No implied warranties of any kind or description shall be applicable thereto and no person, firm, or corporation participating in such services shall be liable for damages unless negligence is proven.
(b)
Code Section
51-1-27
shall not be affected by subsection (a) of this Code section.
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 - Liability of persons rendering emergency care

(a)
Any person, including any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victims thereof without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.
(b)
As used in this Code section, the term "emergency care" shall include, but shall not be limited to, the rescue or attempted rescue of an incapacitated or endangered individual from a locked motor vehicle.
Amended by 2015 Ga. Laws 86,§ 2-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-29.1 - Liability of voluntary health care provider and sponsoring organization

(a)
Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:
(1)
No health care provider licensed under Chapter 9, 11, 26, 30, 33, or 34 of Title 43 who voluntarily and without the expectation or receipt of compensation provides professional services, within the scope of such health care provider's licensure, for and at the request of a hospital, public school, nonprofit organization, or an agency of the state or one of its political subdivisions or provides such professional services to a person at the request of such an organization, which organization does not expect or receive compensation with respect to such services from the recipient of such services; or
(2)
No licensed hospital, public school, or nonprofit organization 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 the person nor for damages for the injury or death of the person when the injuries or death are alleged to have occurred by reason of an act or omission in the rendering of such services.
(b)
Nothing in this Code section shall be construed to change the scope of practice of any health care provider granted immunity in this Code section.
(c)
This Code section shall apply only to causes of action arising on or after July 1, 1987.
Amended by 2007 Ga. Laws 18,§ 51, eff. 5/11/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57) › Section 51-1-29.2 - Liability of persons or entities acting to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature

Any natural person and any association, fraternal organization, private for profit entity, not for profit entity, religious organization, or charitable organization and the officers, directors, employees, and agents of such associations, organizations, and entities, when such persons, associations, organizations, or entities are working in coordination and under the direction of an appropriate state agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for, anticipation of, or during a time of emergency and in a place of emergency as declared by the Governor for the benefit of any natural person or his or her property to prevent or minimize harm to such natural person or to prevent, minimize, and repair injury and damage to such person's property resulting from biological, chemical, or nuclear agents; terrorism; pandemics or epidemics of infectious disease; or catastrophic acts of nature, including, but not limited to, fire, flood, earthquake, wind, storm, or wave action, or any other occurrence which warrants the declaration of a state of emergency or disaster by the Governor pursuant to Code Section
38-3-51
or by a federal agency shall not be civilly liable to any natural person receiving such assistance as a result of any act or omission in rendering such service if such natural person, association, organization, or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such natural person, association, organization, or entity. Nothing in this Code section shall be construed to amend, repeal, alter, or affect in any manner any other provision of law granting immunity or limiting liability. Nothing in this Code section shall be construed to abrogate the sovereign immunity of this state as to all actions executed by any party under this Code section.
Amended by 2008 Ga. Laws 802,§ 8, eff. 7/1/2008.