---
title: O.C.G.A. § 15-16-24. Liability for misconduct of jailers.
collection: code
id: 15-16-24
cite_as: O.C.G.A. § 15-16-24 (2025)
canonical_url: https://georgiacommons.org/code/15-16-24
md_url: https://georgiacommons.org/code/15-16-24.md
text_url: https://georgiacommons.org/code/15-16-24/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t15-ch12-24-(v13a)-2015-pdf.pdf?sfvrsn=cbb30143_0#page=287
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COURTS / SHERIFFS / GENERAL PROVISIONS
---

# O.C.G.A. § 15-16-24. Liability for misconduct of jailers.

Sheriffs are liable for the misconduct of their jailers as they are liable for their deputies; and persons injured by a jailer have the same option in bringing an action on the jailer’s bond that they have in bringing an action on the deputy’s bond, provided that the sheriff shall not be liable for such misconduct and no claim or cause of action against the sheriff for such misconduct shall exist unless one of the following conditions exists:

(1) The sheriff personally benefited financially from the act complained of;

(2) The sheriff was personally aware of and had actual knowledge of the act complained of and had actual knowledge that the act was illegal, was contrary to law, or was the breach of a duty imposed by law and either acted to cause or failed to prevent the act complained of; or

(3) The sheriff failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury complained of.

## History

Orig. Code 1863, § 335; Code 1868, § 396; Code 1873, § 360; Code 1882, § 360; Civil Code 1895, § 4379; Civil Code 1910, § 4913; Code 1933, § 24-2812; Ga. L. 1980, p. 493, § 1; Ga. L. 1982, p. 3, § 15.

## Cross References

Jails generally, § 42-4-1 et seq.