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2018 Georgia Code 35-1-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-1-7 Case Law from Google Scholar Amendments to OCGA 35-1-7

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 1. General Provisions, 35-1-1 through 35-1-22.

35-1-7. Liability of law enforcement officers performing duties at the scene of an emergency.

A law enforcement officer shall not be liable at law for any action or actions done while performing any duty at the scene of an emergency except for gross negligence, willful or wanton misconduct, or malfeasance. As used in this Code section, the term "law enforcement officer" means any peace officer who is employed by this state or any political subdivision thereof and who is required by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs.

(Code 1933, § 3-1004.3, enacted by Ga. L. 1981, p. 655, § 1.)

Cross references.

- Immunity of state and political subdivisions and employees, agents, and representatives thereof for injury or damage arising from emergency management activities, § 38-3-35.

Liability of persons rendering emergency care, § 51-1-29.

Liability of members of fire departments for acts performed while fighting fires or performed at scenes of emergencies, § 51-1-30.

Immunity for operators of external defibrillators, § 51-1-29.3.

Limitation on health care liability claims for gross negligence in emergency medical care, § 51-1-29.5.

Law reviews.

- For survey article citing developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For article, "Georgia's Public Duty Doctrine: The Supreme Court Held Hostage," see 51 Mercer L. Rev. 73 (1999). For comment, "Good Samaritan Laws - Legal Disarray: An Update," see 38 Mercer L. Rev. 1439 (1987).

RESEARCH REFERENCES

C.J.S.

- 67 C.J.S., Officers, § 227 et seq.

ALR.

- Construction and application of "Good Samaritan" statutes, 68 A.L.R.4th 294.

Cases Citing O.C.G.A. § 35-1-7

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Hulett v. State, 296 Ga. 49 (Ga. 2014).

Cited 124 times | Published | Supreme Court of Georgia | Oct 20, 2014 | 766 S.E.2d 1

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Hamilton v. Cannon, 482 S.E.2d 370 (Ga. 1997).

Cited 32 times | Published | Supreme Court of Georgia | Mar 21, 1997 | 267 Ga. 655, 97 Fulton County D. Rep. 970

...ome special relationship test apply when a law enforcement officer acts with gross negligence in performing duties at the scene of an emergency, as is alleged in this case, such that the officer would not otherwise be shielded from liability by OCGA § 35-1-7? 1....
...d question. By not reaching the detrimental reliance prong of the Jordan test, I do not mean to foreclose the possibility that the detrimental reliance prong could be satisfied under the circumstances of this case. CLAIMS OF GROSS NEGLIGENCE 5. OCGA § 35-1-7 addresses the liability of law enforcement officers who perform duties at the scene of an emergency....
...y); Landis v. Rockdale County, 212 Ga.App. 700, 445 S.E.2d 264 (1994) (applying public duty doctrine in suit against deputy sheriff who observed, but failed to stop, intoxicated driver). [10] Black's Law Dictionary 1041 (5th ed. 1979); see also OCGA § 35-1-7 (defining law enforcement officer as a peace officer who gives "his full time to the preservation of public order or the protection of life and property or the prevention of crime")....
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Rowe v. Coffey, 515 S.E.2d 375 (Ga. 1999).

Cited 30 times | Published | Supreme Court of Georgia | Mar 19, 1999 | 270 Ga. 715, 99 Fulton County D. Rep. 1325

...IX, see also OCGA § 50-21-20 et seq. (Georgia Tort Claims Act), or the many statutes enacted by the Legislature which address the liability of public employees performing police protection activities during the course of emergency situations. E.g., OCGA § 35-1-7 (law enforcement officers); OCGA § 51-1-30(b) (firefighters); OCGA § 31-11-8(a) (ambulance service personnel). Prior to the majority's holding in this case, a deputy sheriff who rendered aid to an injured person at an automobile accident scene was immune from liability for both malfeasance and nonfeasance except where gross negligence was involved. OCGA § 35-1-7....
...e committed by the deputy sheriff who helped plaintiffs' decedent, by the retired sexagenarian who was the on-site manager of the pool where the decedent collapsed, and by the pool's uncertified lifeguard. The Hamilton Court refused to abrogate OCGA § 35-1-7, the expression of the Legislature's will that deputy sheriffs at an emergency scene are liable solely for gross negligence, whether or not the judicially-created "special relationship" exception exists....