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2018 Georgia Code 46-5-135 | Car Wreck Lawyer

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 5. Telephone Service, 46-5-1 through 46-5-252.

ARTICLE 2 TELEPHONE SERVICE

46-5-135. Liability of service supplier in civil action.

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.

(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.)

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).

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