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2018 Georgia Code 30-3-8 | Car Wreck Lawyer

TITLE 30 HANDICAPPED PERSONS

Section 3. Access to and Use of Public Facilities by Persons with Disabilities, 30-3-1 through 30-3-9.

30-3-8. Penalty.

Any person, firm, or corporation who violates this chapter, or who causes another person, firm, or corporation to violate this chapter, or who fails or refuses to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor.

(Code 1981, §30-3-6, enacted by Ga. L. 1984, p. 1255, § 1; Code 1981, §30-3-8, as redesignated by Ga. L. 1995, p. 1302, § 1.)

JUDICIAL DECISIONS

Superior knowledge of owner.

- Mere prior use by a disabled person does not give the disabled individual equal knowledge to the owner/occupier of a specific static defect that the regulations and guidelines prohibit as dangerous, when the owner/occupier is under a continuing statutory mandate by O.C.G.A. § 30-3-8 to provide a safe handicap access ramp, defect-free and compliant with detailed regulations and guidelines to protect the disabled in use of the ramp, and when, in fact, the ramp is non-compliant, creating a static dangerous defect specifically prohibited by the regulations. Val D'Aosta Co. v. Cross, 241 Ga. App. 583, 526 S.E.2d 580 (1999).

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