---
title: O.C.G.A. § 31-8-136. Violation of rights; cause of action; damages; criminal penalty.
collection: code
id: 31-8-136
cite_as: O.C.G.A. § 31-8-136 (2025)
canonical_url: https://georgiacommons.org/code/31-8-136
md_url: https://georgiacommons.org/code/31-8-136.md
text_url: https://georgiacommons.org/code/31-8-136/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=554
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 Session of the General Assembly of Georgia
heading_path: HEALTH / CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS / REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES
---

# O.C.G.A. § 31-8-136. Violation of rights; cause of action; damages; criminal penalty.

(a) Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon referral and request by the department, the Attorney General may bring such an action. Where a violation of a resident’s rights has been found, the resident shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages.

(b) No person shall be prohibited from maintaining an action pursuant to this Code section for failure to exhaust any rights to administrative or other relief granted under this article.

(c) The right of a resident to bring an action pursuant to this Code section is in addition to any and all other rights, remedies, or causes of action the resident may have by statute or at common law.

(d) Any resident or the representative or legal surrogate of the resident, if any, may bring an action to recover damages for any action of a personal care home or its governing body, administrator, or employee that adversely affects the resident’s rights, privileges, or living arrangement in retaliation for that resident or his or her representative or legal surrogate, if any, having exercised a right conferred by state or federal law or court order. Upon referral and request by the department, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident involuntarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal care home or its governing body, administrator, or employee to the personal care home, a state or community ombudsman, or a state government official or employee.

(e) Code Section 31-5-8 shall apply fully to any willful violation of this article.

## History

Code 1981, § 31-8-136, enacted by Ga. L. 1994, p. 461, § 2.