O.C.G.A.

O.C.G.A. § 12-5-383 (2019)

Liability for damages

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee of the state, the board, or the division for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to or under this part, including specifically, but not limited to, any action taken or not taken by the board or its members, the director, the division, its officers or employees, or its representatives pursuant to Code Section 12-5-375. Nothing in this part and no order, action, or advice of the director or the division or any representative thereof shall be construed to relieve a dam owner or operator of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam.

(b) Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the commission. No action shall be brought against the state, the commission, or any employee of the state or the commission for damages sustained through the partial or total failure

CONSERVATION & NATURAL RES.

of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to former Code Section 12-5-375.

History

Ga. L. 1978, p. 795, § 4; Ga. L. 1984, p. 454, § 10; Ga. L. 1988, p. 269, § 23.

Annotations

Cross references. - Liability of per-

sons constructing dams for damages resulting from manner of construction or operation of dam, § 44-8-4.

RESEARCH REFERENCES Am. Jur. 2d. - 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 101, 102, 107, 111, 121, 128, 129. C.J.S. - 81A C.J.S., States, §§ 541 et seq., 560, 562, 565, 567.

ALR. - Applicability of rule of strict or absolute liability to overflow or escape of water caused by dam failure, 51 A.L.R.3d 965.

Notes of Decisions

Cited in 1 case, 2014–2014 · leading case: Barnes v. Dist. Bd. of Trs., 147 So. 3d 102 (Fla. 1st DCA 2014).

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Barnes v. Dist. Bd. of Trs., 147 So. 3d 102 (Fla. 1st DCA 2014). “, Ga. Code Ann. § 12-5-383 (2014) (“No action shall be brought against the state, the commission, or any employee of the state or the commission for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.