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2018 Georgia Code 38-3-35 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-3-35 Case Law from Google Scholar Amendments to OCGA 38-3-35

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 3. Emergency Management, 38-3-1 through 38-3-191.

ARTICLE 2 ORGANIZATION AND ADMINISTRATION

38-3-35. Immunity of state and political subdivisions; of emergency management workers.

  1. Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agency engaged in emergency management activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under Chapter 9 of Title 34, Code Section 38-3-30, any pension law, or any act of Congress.
  2. Neither the state nor any political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof, nor any volunteer or auxiliary emergency management worker or member of any agency engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3 of this chapter; or any order, rule, or regulation promulgated pursuant to Articles 1 through 3 of this chapter, or pursuant to any ordinance relating to precautionary measures enacted by any political provisions of Articles 1 through 3 of this chapter, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the state shall be liable for the death of or the injury to person or for damage to property as a result of any such activity.

(Ga. L. 1951, p. 224, § 17; Ga. L. 1973, p. 74, § 8; Ga. L. 1981, p. 389, § 2; Ga. L. 1982, p. 3, § 38.)

Cross references.

- Liability of law enforcement officers performing duties at scenes of emergencies, § 35-1-7.

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

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 228.

ALR.

- Remedy available against invalid judgment in favor of United States, state, or other governmental unit immune to suit, 163 A.L.R. 244.

Validity and construction of legislation conferring personal immunity on public officers or employees for acts in course of duty, 163 A.L.R. 1435.

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