---
title: O.C.G.A. § 51-16-2. Liability standard; immunity.
collection: code
id: 51-16-2
cite_as: O.C.G.A. § 51-16-2 (2025)
canonical_url: https://georgiacommons.org/code/51-16-2
md_url: https://georgiacommons.org/code/51-16-2.md
text_url: https://georgiacommons.org/code/51-16-2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t51-(v39)-pdf.pdf?sfvrsn=90608a4d_0#page=122
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/51-16.md
previous: https://georgiacommons.org/code/51-16-1.md
next: https://georgiacommons.org/code/51-16-3.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: TORTS / COVID-19 PANDEMIC BUSINESS SAFETY
---

# O.C.G.A. § 51-16-2. Liability standard; immunity.

(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.

## 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).