51-16-2. Liability standard; immunity.

Active

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

(a)
No healthcare facility, healthcare provider, entity, or individual shall be held liable for damages in an action involving a COVID-19 liability claim against such healthcare facility, healthcare provider, entity, or individual, unless the claimant proves that the actions of the healthcare facility, healthcare provider, entity, or individual showed gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.#
(b)
The immunity set forth in subsection (a) of this Code section shall be provided in addition to, and shall in no way limit, any other immunity protections that may apply in state or federal law.#

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.

History

Code 1981, § 51-16-2, enacted by Ga. L. 2020, p. 798, § 3/SB 359.

Code Commission notes

Pursuant to Code Section 28-9-5, in 2020, in subsection (a), a comma was deleted following the first and third occurrences of “individual” and a colon was deleted following “showed”.

Law reviews

For comment, “No Shirt, No Shoes, No Mask, No Entry, and (hopefully) No Law-suits under the Georgia COVID-19 Business Safety Act!,” see 72 Mercer L. Rev. 915 (2021).

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 t51-(v39)-pdf.pdf, Volume V39, 2017 edition, 2025 supplement, page 122; merge action: added; file SHA-256 9104a04c683d.