Official Code of Georgia Annotated

Title 50. STATE GOVERNMENT · Chapter 21. WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS · Article 2. STATE TORT CLAIMS

50-21-23. Limited waiver of sovereign immunity.

Active

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

(a)
The state waives its sovereign immunity for the torts of state officers and employees while acting within the scope of their official duties or employment and shall be liable for such torts in the same manner as a private individual or entity would be liable under like circumstances; provided, however, that the state’s sovereign immunity is waived subject to all exceptions and limitations set forth in this article. The state shall have no liability for losses resulting from conduct on the part of state officers or employees which was not within the scope of their official duties or employment.#
(b)
The state waives its sovereign immunity only to the extent and in the manner provided in this article and only with respect to actions brought in the courts of the State of Georgia. The state does not waive any immunity with respect to actions brought in the courts of the United States.#

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.

Code 1981, § 50-21-23, enacted by Ga. L. 1992, p. 1883, § 1.

For annual survey of law of torts, see 56 Mercer L. Rev. 415 (2004). For article, ‘‘Construction Law,’’ see 70 Mercer L. Rev. 51 (2018).

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

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

Text read from t50-ch13-40-(v38a)-2021-pdf.pdf, Volume V38A, 2021 edition, pages 420 to 421; merge action: annotated; file SHA-256 1cacff3315fb.