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

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 Georgia Code 35-1-7 From Courtlistener.com

Total Results: 3

Hulett v. State

Court: Supreme Court of Georgia | Date Filed: 2014-10-20

Citation: 296 Ga. 49, 766 S.E.2d 1, 2014 Ga. LEXIS 817

Snippet: interim review by this Court. See OCGA § 17-10-35.1. 7 The testimony also showed that, after

Rowe v. Coffey

Court: Supreme Court of Georgia | Date Filed: 1999-03-19

Citation: 515 S.E.2d 375, 270 Ga. 715, 99 Fulton County D. Rep. 1325, 1999 Ga. LEXIS 310

Snippet: the course of emergency situations. E.g., OCGA § 35-1-7 (law enforcement officers); OCGA § 51-1-30 (b)

Hamilton v. Cannon

Court: Supreme Court of Georgia | Date Filed: 1997-03-21

Citation: 482 S.E.2d 370, 267 Ga. 655, 97 Fulton County D. Rep. 970, 1997 Ga. LEXIS 102

Snippet: otherwise be shielded from liability by OCGA § 35-1-7? 1. In City of Rome, supra, this Court addressed