35-1-7. Liability of law enforcement officers performing duties at the scene of an emergency.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

(a)
As used in this Code section, the term:#
1. (1)
  “Emergency” means an occurrence involving, or appearing to involve, a clear and imminent danger or threat to life, health, or property, including, but not limited to, the rescuing of a person or pet from a locked vehicle when such person or pet remaining within such vehicle presents a clear and imminent danger to such person’s or pet’s life or health.#
2. (2)
  “Law enforcement officer” means any peace officer who is employed by this state or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs.#
3. (3)
  “Pet” means any domesticated animal normally maintained in or near the household of its owner.#
(b)
A law enforcement officer shall not be liable at law for any action or actions done while performing any duty at the scene of an emergency except for gross negligence, willful or wanton misconduct, or malfeasance.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 3-1004.3, enacted by Ga. L. 1981, p. 655, § 1; Ga. L. 2019, p. 292, § 1/SB 31.

Cross references

Immunity of state and political subdivisions and employees, agents, and representatives thereof for injury or damage arising from emergency management activities, § 38-3-35. Liability of persons rendering emergency care, § 51-1-29. Liability of members of fire departments for acts performed while fighting fires or performed at scenes of emergencies, § 51-1-30. Immunity for operators of external defibrillators, § 51-1-29.3. Limitation on health care liability claims for gross negligence in emergency medical care, § 51-1-29.5.

Law reviews

For survey article citing developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For comment, “Good Samaritan Laws — Legal Disarray: An Update,” see 38 Mercer L. Rev. 1439 (1987). For article, “Georgia’s Public Duty Doctrine: The Supreme Court Held Hostage,” see 51 Mercer L. Rev. 73 (1999).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t35-t36-ch1-59-(v27)-2025-pdf.pdf, Volume V27, 2025 edition, pages 27 to 28; merge action: bound only; file SHA-256 6c7b6bcea397.