O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-5-131 (2019)

Exemptions from liability in operation of ‘‘911’’ system

✓ 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) Whether participating in a state-wide emergency ‘‘911’’ system or an emergency ‘‘911’’ system serving one or more local governments, neither

the state nor any local government of the state nor any emergency ‘‘911’’ system provider, its employees, directors, officers, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to the person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the ‘‘911’’ emergency telephone system or in the identification of the telephone number, address, or name associated with any person accessing an emergency ‘‘911’’ system. (b) No local government of the State of Georgia shall be required to release, indemnify, defend, or hold harmless any emergency ‘‘911’’ system provider from any loss, claim, demand, suit, or other action or any liability whatsoever which arises out of subsection (a) of this Code section, unless the local government agrees or has agreed to assume such obligations.

History

(Code 1981, § 46-5-131, enacted by Ga. L. 1984, p. 652, § 1; Ga. L. 1990, p. 179, § 2.)

Annotations

Cross references. - Limitation of liability of persons rendering emergency care generally, § 51-1-29. JUDICIAL DECISIONS No waiver of defense of sovereign and official immunity. - The General Assembly, in its enactment of the ‘‘Georgia Emergency Telephone Number ‘911’ Service Act,’’ O.C.G.A. § 46-5-121 et. seq., has not waived defenses of sovereign and official immunity which could otherwise be asserted by the county and its employees and officers in their implementation and operation of the ‘‘911’’ telephone system. Hendon v. DeKalb County, 203 Ga. App. 750, 417 S.E.2d 705, cert. denied, 203 Ga. App. 906, 417 S.E.2d 705 (1992).

Wanton and willful conduct defined. - Wanton and willful conduct differs from gross negligence. Willful conduct is based on an actual intention to do harm or inflict injury, while wanton conduct is that which is so reckless or so charged with indifference to the consequences as to justify the jury in finding a wantonness equivalent in spirit to actual intent. Hendon v. DeKalb County, 203 Ga. App. 750, 417 S.E.2d 705, cert. denied, 203 Ga. App. 906, 417 S.E.2d 705 (1992).

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1992–2025 · leading case: Marshall v. McIntosh Cnty., 759 S.E.2d 269 (Ga. Ct. App. 2014).
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Marshall v. McIntosh Cnty., 759 S.E.2d 269 (Ga. Ct. App. 2014). · cites it 28× “The complaint further alleged that Deverger’s refusal to send aid to Marshall proximately caused his death and constituted wilful and wanton misconduct as well as bad faith, rendering both her and McIntosh County liable for damages under OCGA § 46-5-131 (a) of the Georgia…”
Hendon v. DeKalb Cnty., 417 S.E.2d 705 (Ga. Ct. App. 1992). · cites it 16× “Questions concerning the availability of the defenses of sovereign and official immunity in this case are based on the interpretation of OCGA § 46-5-131 (a). It provides: “Whether participating in a statewide emergency ‘911’ system or an emergency ‘911’ system serving one or…”
Currid v. DeKalb State Court Prob. Dep't, 674 S.E.2d 894 (Ga. 2009). · cites it 2× “For example, under the Community Service Act, an “agency” can be “any private or public agency or organization approved by the court to participate in a community service program.”
DeKalb State Court Prob. Dep't v. Currid, 653 S.E.2d 90 (Ga. Ct. App. 2007). · cites it 6× “” 25 We stated in Hendon that in order to hold the county vicariously liable for the “wanton and wilful misconduct or had faith” of its officers and employees under Paragraph IX [of Article I, Section II of the Georgia Constitution], it would be necessary for us to hold that…”
Schwartz v. Gwinnett Cnty., 924 F. Supp. 2d 1362 (N.D. Ga. 2013). · cites it 4× “law, neither the state nor any local government of the state nor any emergency 9-1-1 system provider or service supplier or its employees, directors, officers, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to any…”
Sandra S. Marshall v. Sheila K. Deverger (Ga. Ct. App. 2014). · cites it 25× “The complaint further alleged that Deverger’s refusal to send aid to Marshall proximately caused his death and constituted willful and wanton misconduct as well as bad faith, rendering both her and McIntosh County liable for damages under OCGA § 46-5-131 (a) of the Georgia…”
Latoya Bray v. Stormie Crockford Watkins (Ga. Ct. App. 2025). · cites it 4× “Bray also argues that, because the statutes providing immunity from liability for emergency management and 911 officers have exceptions for circumstances such as willful misconduct or bad faith, see OCGA § 38-3-35 (b) & OCGA § 46-5-131 (a), it follows that such officers can be…”
Latoya Bray v. Stormie Crockford Watkins (Ga. Ct. App. 2023). · cites it 4× “Bray also argues that, because the statutes providing immunity from liability for emergency management and 911 officers have exceptions for circumstances such as willful misconduct or bad faith, see OCGA § 38-3-35 (b) & OCGA § 46-5-131 (a), it follows that such officers can be…”
Smith v. Wayne Cnty., Georgia (S.D. Ga. 2024). · cites it 2× “59 at 11–12 (citing O.C.G.A. §§ 46-5-131(a), 31-11-5). And because they are statutory, Plaintiff argues those duties are “mandatory, and as such, ministerial.”
— 46-5-131(a) — 2 cases
Schwartz v. Gwinnett Cnty., 924 F. Supp. 2d 1362 (N.D. Ga. 2013). “law, neither the state nor any local government of the state nor any emergency 9-1-1 system provider or service supplier or its employees, directors, officers, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to any…”
Smith v. Wayne Cnty., Georgia (S.D. Ga. 2024). “59 at 11–12 (citing O.C.G.A. §§ 46-5-131(a), 31-11-5). And because they are statutory, Plaintiff argues those duties are “mandatory, and as such, ministerial.”
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.