---
title: O.C.G.A. § 38-3-35. (See Editor’s notes.) Immunity of state and political subdivisions; of emergency management workers.
collection: code
id: 38-3-35
cite_as: O.C.G.A. § 38-3-35 (2025)
canonical_url: https://georgiacommons.org/code/38-3-35
md_url: https://georgiacommons.org/code/38-3-35.md
text_url: https://georgiacommons.org/code/38-3-35/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=558
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: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / EMERGENCY MANAGEMENT / ORGANIZATION AND ADMINISTRATION
---

# O.C.G.A. § 38-3-35. (See Editor’s notes.) Immunity of state and political subdivisions; of emergency management workers.

(a) Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agency engaged in emergency management activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under Chapter 9 of Title 34, Code Section 38-3-30, any pension law, or any act of Congress.

(b) Neither the state nor any political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof, nor any volunteer or auxiliary emergency management worker or member of any agency engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3 of this chapter; or any order, rule, or regulation promulgated pursuant to Articles 1 through 3 of this chapter, or pursuant to any ordinance relating to precautionary measures enacted by any political provisions of Articles 1 through 3 of this chapter, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the state shall be liable for the death of or the injury to person or for damage to property as a result of any such activity.

## History

Ga. L. 1951, p. 224, § 17; Ga. L. 1973, p. 74, § 8; Ga. L. 1981, p. 389, § 2; Ga. L. 1982, p. 3, § 38.

## Cross References

Liability of law enforcement officers performing duties at scenes of emergencies, § 35-1-7. Liability of members of fire departments for acts performed while fighting fires or performed at scenes of emergencies, § 51-1-30.

## Editor's Notes

For application of this statute in 2020, see Executive Orders 04.14.20.01, 04.20.20.01, and 05.12.20.02.