---
title: O.C.G.A. § 46-3-39. Restriction on liability of owners and operators of high voltage lines; effect of part on duty or degree of care.
collection: code
id: 46-3-39
cite_as: O.C.G.A. § 46-3-39 (2025)
canonical_url: https://georgiacommons.org/code/46-3-39
md_url: https://georgiacommons.org/code/46-3-39.md
text_url: https://georgiacommons.org/code/46-3-39/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t46-(v34)-2025-pdf.pdf?sfvrsn=48adb3c4_0#page=180
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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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION / ELECTRICAL SERVICE / GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY / HIGH VOLTAGE SAFETY
---

# O.C.G.A. § 46-3-39. Restriction on liability of owners and operators of high voltage lines; effect of part on duty or degree of care.

(a) The owner or operator of high voltage lines shall not be liable for damage or loss to person or property resulting from work within ten feet of high voltage lines unless notice has been given as required by Code Section 46-3-34 and the owner or operator of the high voltage line has failed to comply with the provisions of Code Section 46-3-33.

(b) Except as provided in subsection (a) of this Code section, nothing in this part shall be construed or applied so as to limit or reduce the duty or degree of care applicable to owners or operators of high voltage lines with respect to damage or loss to person or property.

## History

Ga. L. 1960, p. 181, § 10; Code 1981, § 46-3-38; Code 1981, § 46-3-39, as redesignated by Ga. L. 1992, p. 2141, § 1; Ga. L. 2025, p. 359, § 3-5(8)/SB 125, effective July 1, 2025.

## Editor's Notes

Ga. L. 1992, p. 2141, § 1, redesignated former Code Section 46-3-39 as present Code Section 46-3-40.

## Amendments

The 2025 amendment, effective July 1, 2025, substituted “high voltage” for “high-voltage” three times in subsection (a) and once in subsection (b).