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

O.C.G.A. § 46-5-135 (2019)

Liability of service supplier in civil action

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

A service supplier, including any company providing telephone services and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or any of its employees, directors, officers, or agents, except for willful or wanton misconduct, either in connection with developing, adopting, implementing, maintaining, or operating any emergency 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency 9-1-1 system.

History

(Code 1981, § 46-5-135, enacted by Ga. L. 1990, p. 179, § 5; Ga. L. 2005, p. 660, § 9/HB 470; Ga. L. 2007, p. 318, § 2/HB 394.)

Annotations

The 2005 amendment, effective July 1, 2005, substituted "9-1-1" for "'911'" twice in this Code section.

The 2007 amendment, effective July 1, 2007, substituted "any company providing telephone services" for "any telephone company" near the beginning of this Code section.

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).

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Hendon v. DeKalb Cnty., 417 S.E.2d 705 (Ga. Ct. App. 1992).
Sort: Relevance Newest Treatment
Hendon v. DeKalb Cnty., 417 S.E.2d 705 (Ga. Ct. App. 1992). · cites it 2× “Compare OCGA § 46-5-131 (b), which provides that no local government shall be required to indemnify or defend any emergency “911” system provider from any liability arising from subsection (a) unless the local government has agreed to assume such obligation; OCGA § 46-5-135,…”
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.