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2018 Georgia Code 25-2-38.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 25-2-38.1 Case Law from Google Scholar Amendments to OCGA 25-2-38.1

TITLE 25 FIRE PROTECTION AND SAFETY

Section 2. Regulation of Fire and Other Hazards to Persons and Property Generally, 25-2-1 through 25-2-40.

25-2-38.1. Sovereign immunity; effect of this chapter on legal duties of property owners and lessees.

  1. Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state, or any officer or employee thereof, in carrying out the provisions of this chapter. No action shall be maintained against the state, any municipality, county, or any officer, elected officer or employees thereof, for damages sustained as a result of any fire or related hazard covered in this chapter by reason of any inspection or other action taken or not taken pursuant to this chapter.
  2. Nothing in this chapter shall be construed to relieve any property owner or lessee thereof from any legal duty, obligation, or liability incident to the ownership, maintenance, or use of such property.

(Ga. L. 1981, p. 1779, § 9.)

Cross references.

- Nonliability of counties in absence of statute, § 36-1-4.

Liability of municipal corporations for acts or omissions of officers, T. 36, C. 33.

Immunity of state and political subdivisions for emergency management activities, § 38-3-35.

Immunity of officers, members, and others of county and municipal fire departments from liability for acts performed while fighting fires or for acts performed at scenes of emergency, §§ 51-1-29,51-1-30.

JUDICIAL DECISIONS

Application to city inspector performing a power reconnect inspection.

- Neither O.C.G.A. § 8-2-222 nor O.C.G.A. § 25-2-38.1 operated to relieve a city inspector from liability for failure to properly inspect a mobile home prior to authorizing the connection of electrical power to the home because there was no evidence that the inspector conducted an inspection of the mobile home pursuant to the Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings or the Minimum Fire Safety Standards Code. Vann v. Finley, 313 Ga. App. 153, 721 S.E.2d 156 (2011).

RESEARCH REFERENCES

ALR.

- Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.

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