51-16-4. Rebuttable presumption of assumption of risk relating to healthcare facilities or premises of healthcare providers.

Active

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

(a)
Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant at any healthcare facility or on the premises of any healthcare provider, resulting in injury to or death of a claimant there shall be a rebuttable presumption of assumption of the risk by the claimant.#
(b)
The provisions in this Code section shall not be construed so as to limit or restrict the immunities from liability provided in Code Section 51-16-2.#

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, § 51-16-4, enacted by Ga. L. 2020, p. 798, § 3/SB 359; Ga. L. 2024, p. 198, § 2/SB 430, effective July 1, 2024.

Amendments

The 2024 amendment, effective July 1, 2024, deleted “when a healthcare facility or a healthcare provider has posted at a point of entry, if present, to the premises, a sign in at least one-inch Arial font placed apart from any other text, a written warning stating the following: “‘Warning “Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.’” from the end of subsection (a); and deleted “; further failure to participate as provided in subsection (a) of this Code section shall in no way limit or restrict the immunities from liability provided in Code Section 51-16-2 nor shall such failure to participate be admissible” from the end of subsection (b).

Law reviews

For article with annual survey on torts, see 73 Mercer L. Rev. 243 (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, pages 123 to 124; merge action: added; file SHA-256 9104a04c683d.

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