---
title: O.C.G.A. § 50-21-23. Limited waiver of sovereign immunity.
collection: code
id: 50-21-23
cite_as: O.C.G.A. § 50-21-23 (2025)
canonical_url: https://georgiacommons.org/code/50-21-23
md_url: https://georgiacommons.org/code/50-21-23.md
text_url: https://georgiacommons.org/code/50-21-23/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t50-ch13-40-(v38a)-2021-pdf.pdf?sfvrsn=1209d23f_0#page=420
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/50-21.md
previous: https://georgiacommons.org/code/50-21-22.md
next: https://georgiacommons.org/code/50-21-24.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: STATE GOVERNMENT / WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS / STATE TORT CLAIMS
---

# O.C.G.A. § 50-21-23. Limited waiver of sovereign immunity.

(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.

## History

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

## Law Reviews

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).