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

O.C.G.A. § 51-11-9 (2019)

Immunity from civil liability for threat or use of force in defense of habitation

✓ 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 person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.

History

(Code 1981, § 51-11-9, enacted by Ga. L. 1986, p. 515, § 1; Ga. L. 2006, p. 477, § 3/SB 396.)

Notes of Decisions
Cited in 2 cases, 1987–2020 · leading case: Terrell v. Hester, 355 S.E.2d 97 (Ga. Ct. App. 1987).
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Terrell v. Hester, 355 S.E.2d 97 (Ga. Ct. App. 1987). · cites it 2× “That statute permits defense of habitation as a defense to a criminal charge and is now, since the trial here, expressly available by statute as a defense to a tort action.”
Whitney Morris v. Real Est. Expert Advisors, LLC (Ga. Ct. App. 2020). · cites it 2× “” Discovery was then delayed for several months due to a pending motion to dismiss, which Brooks first filed on April 19, 2018, on the ground of statutory immunity,4 and which stayed discovery until the motion was denied on June 25, 4 See OCGA § 51-11-9 and § 16-3-23 (3). 5 2018.”
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.