---
title: O.C.G.A. § 46-3-40. Criminal penalty; strict liability for injury or damage; indemnification; liability for cost of delay.
collection: code
id: 46-3-40
cite_as: O.C.G.A. § 46-3-40 (2025)
canonical_url: https://georgiacommons.org/code/46-3-40
md_url: https://georgiacommons.org/code/46-3-40.md
text_url: https://georgiacommons.org/code/46-3-40/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=182
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.
up: https://georgiacommons.org/code/46-3.md
previous: https://georgiacommons.org/code/46-3-39.md
next: https://georgiacommons.org/code/46-3-50.md
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. § 46-3-40. Criminal penalty; strict liability for injury or damage; indemnification; liability for cost of delay.

(a) Any person responsible for the work who violates any of the provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable for a fine of $1,000.00 for a first offense and $3,000.00 for a second or subsequent offense.

(b) Any person responsible for the work who violates the requirements of Code Section 46-3-33 and whose subsequent activities within the vicinity of high voltage lines result in damage to utility facilities or result in injury or damage to person or property shall be strictly liable for said injury or damage. Any such person shall also indemnify the owner or operator of such high voltage lines against all claims, if any, for personal injury, including death, property damage, or service interruptions, including costs incurred in defending any such claims resulting from work in violation of Code Section 46-3-33.

(c) In the event the owner or operator of the high voltage line fails to effect the safeguards required by Code Section 46-3-33 within a reasonable time after notice is given and appropriate arrangements are made pursuant to Code Section 46-3-34, such owner or operator shall be liable for the reasonable costs incurred by any such delay.

## History

Ga. L. 1960, p. 181, § 7; Code 1981, § 46-3-39; Code 1981, § 46-3-40, as redesignated by Ga. L. 1992, p. 2141, § 1; Ga. L. 2025, p. 359, § 3-5(9)/SB 125, effective July 1, 2025.

## Amendments

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