O.C.G.A.

O.C.G.A. § 35-1-7 (2019)

Liability of law enforcement officers performing duties at the scene of an emergency

✓ 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) As used in this Code section, the term:

(1) ‘‘Emergency’’ means an occurrence involving, or appearing to involve, a clear and imminent danger or threat to life, health, or property, including, but not limited to, the rescuing of a person or pet from a locked vehicle when such person or pet remaining within such vehicle presents a clear and imminent danger to such person’s or pet’s life or health.

(2) ‘‘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 or her employment, whether by election or appointment, to give his or her 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.

(3) ‘‘Pet’’ means any domesticated animal normally maintained in or near the household of its owner.

(b) 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.

History

Code 1933, § 3-1004.3, enacted by Ga. L. 1981, p. 655, § 1; Ga. L. 2019, p. 292, § 1/SB 31. The 2019 amendment, effective July 1, 2019, substituted the present provisions of this Code section for the former provisions, which read: ‘‘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.’’

Annotations

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 and Public Employees, § 326 et seq. ALR. - Construction and application

of ‘‘Good Samaritan’’ A.L.R.4th 294.

statutes,

Notes of Decisions

Cited in 4 cases, 1992–2006 · leading case: Rowe v. Coffey, 515 S.E.2d 375 (Ga. 1999).

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Rowe v. Coffey, 515 S.E.2d 375 (Ga. 1999). · cites it 12× “, OCGA § 35-1-7 (law enforcement officers); OCGA § 51-1-30(b) (firefighters); OCGA § 31-11-8(a) (ambulance service personnel).”

Daley v. Clark, 638 S.E.2d 376 (Ga. Ct. App. 2006). · cites it 6× “Finally, the Daleys argue that the trial court erred in granting summary judgment to the defendants on the basis of OCGA§ 35-1-7, which provides: “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…”

Hamilton v. Cannon, 482 S.E.2d 370 (Ga. 1997). · cites it 8× “by the plaintiff, or may assent be inferred from the reliance of others or from the circumstances of this case? (4) Does the City of Rome special relationship test apply when a law enforcement officer acts with gross negligence in performing duties at the scene of an emergency,…”

Landis v. Rockdale Cnty., 427 S.E.2d 286 (Ga. Ct. App. 1992). · cites it 4× “See also OCGA § 35-1-7, regarding liability of officer performing duties at emergency scenes.”

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.