2020 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-20. Liability of Persons Serving Charitable Organizations and Public Entities While Acting in Good Faith

1. A person serving with or without compensation as a member, director, or trustee, or as an officer of the board without compensation, of any nonprofit hospital or association or of any nonprofit, charitable, or eleemosynary institution or organization or of any local governmental agency, board, authority, or entity shall be immune from civil liability for any act or any omission to act arising out of such service if such person was acting in good faith within the scope of his or her official actions and duties and unless the damage or injury was caused by the willful or wanton misconduct of such person.
2. As used in this Code section, the term "compensation" shall not include reimbursement for reasonable expenses related to said services.
3. This Code section shall not affect any immunity of any person arising from any source, whether or not such person may additionally be subject to and possess an immunity provided by this Code section. The immunity provided by this Code section shall be supplemental to any such existing immunity.

(Ga. L. 1969, p. 709, § 1; Ga. L. 1987, p. 915, § 2; Ga. L. 1987, p. 986, § 1.)

- For article, "The Tort Liability of a Charitable Institution," see 5 Ga. B. J. 25 (1942). For article, "Hospital Liability for Negligent Care in Georgia," see 17 Ga. B. J. 18 (1954). For article analyzing doctrine of immunity from tort liability enjoyed by charitable institutions, see 24 Ga. B. J. 201 (1961). For note on the status of the charitable immunity doctrine, see 10 Mercer L. Rev. 323 (1959). For note advocating uniformity in doctrine of charitable immunity, see 23 Ga. B. J. 398 (1961). For comment on Cox v. DeJarnette, 104 Ga. App. 664, 123 S.E.2d 16 (1961), see 24 Ga. B. J. 536 (1962). For comment on Williams v. Hospital Auth., 119 Ga. App. 626, 168 S.E.2d 336 (1969), see 6 Ga. St. B. J. 209 (1969). For comment advocating abolition of the doctrine of charitable immunity in light of Abernathy v. Sisters of St. Mary's, 446 S.W.2d 599 (Mo. 1969), see 21 Mercer L. Rev. 521 (1970).

JUDICIAL DECISIONS

Scope of immunity.

- Immunity of O.C.G.A. § 51-1-20 extends to public, charitable, or nonprofit institutions or organizations generally and is not limited to hospitals and other health care institutions and organizations. Bunkley v. Hendrix, 164 Ga. App. 401, 296 S.E.2d 223 (1982).

- Actions taken by members of county airport authority which may have violated the Open Meetings Act, O.C.G.A. Ch. 14, T. 50, did not lose their character as actions taken within the scope of the members' official duties for purposes of immunity. Atlanta Airmotive, Inc. v. Royal, 214 Ga. App. 760, 449 S.E.2d 315 (1994).

- County planning commission members could not be held personally liable based upon the mere negligent performance of the members' duties. Dyches v. McCorkle, 212 Ga. App. 209, 441 S.E.2d 518 (1994).

- Immunity provided under O.C.G.A. § 51-1-20 applies regardless of whether the nature of the person's actions at issue were ministerial or discretionary. Thus, in a landfill's suit against a county and the county's commission asserting an open meetings violation, neither the landfill's complaint nor the landfill's brief on appeal alleged with any particularity that the county commission made any fraudulent statements or representations or that the commission committed any fraudulent actions or acted in bad faith. Sweet City Landfill, LLC v. Lyon, 352 Ga. App. 824, 835 S.E.2d 764 (2019).

- Record was devoid of conduct that would lift the county planning commission members' shield of immunity. Dyches v. McCorkle, 212 Ga. App. 209, 441 S.E.2d 518 (1994).

Pursuant to O.C.G.A. § 51-1-20(a), the defendant president, as an uncompensated officer of a non-profit farm bureau, was immune from civil liability in the employee's tortious interference with an employment contract action for the president's good faith performance of official duties as president of the farm bureau in communicating to the employee's employer a request to transfer the employee. Culpepper v. Thompson, 254 Ga. App. 569, 562 S.E.2d 837 (2002).

In a landfill's suit against a county and the county's commission asserting an open meetings violation, the county commission was entitled to statutory immunity because the county commission's actions as alleged in the complaint were within the scope of the commission's official duties and the landfill had not pled sufficient facts to show bad faith. Sweet City Landfill, LLC v. Lyon, 352 Ga. App. 824, 835 S.E.2d 764 (2019).

- Although it was undisputed that the defendant was a member of the association which sponsored the seminar for which the defendant was a speaker, there was no evidence that the defendant's participation in the seminar was within the scope of any official actions and duties owed to the association; therefore, the defendant was not entitled to immunity for any liability regarding seminar material the defendant distributed. Zarach v. Atlanta Claims Ass'n., 231 Ga. App. 685, 500 S.E.2d 1 (1998).

Members of county airport authority were entitled to immunity from personal liability when the members complained of actions were taken in good faith within the scope of the members' official duties with the authority and the complained of damage was not caused by any wilful or wanton misconduct. Atlanta Airmotive, Inc. v. Royal, 214 Ga. App. 760, 449 S.E.2d 315 (1994).

Owner or proprietor of private hospital or sanitarium which is operated for profit and not for charity is liable for injuries to patients due to negligence of nurses or other employees. A private hospital operated for pecuniary profit owes to the patient the duty to use reasonable care for the patient's safety, and reasonable skill and diligence in nursing and caring for the patient. Porter v. Patterson, 107 Ga. App. 64, 129 S.E.2d 70 (1962).

Cited in Golf Club Co. v. Rothstein, 97 Ga. App. 128, 102 S.E.2d 654 (1958); Johnson v. Metropolitan Atlanta Rapid Transit Auth., 207 Ga. App. 869, 429 S.E.2d 285 (1993); Stephens v. Conyers Apostolic Church, 243 Ga. App. 170, 532 S.E.2d 728 (2000); Abdel-Samed v. Dailey, 294 Ga. 758, 755 S.E.2d 805 (2014).

Private Industry Councils, created by the federal Job Training Partnership Act, 29 U.S.C. § 1501 et seq., are non-profit organizations and charitable institutions within the class of organizations specified in O.C.G.A. § 51-1-20; however, while the general nature of a council brings it within the parameters of that section, each immunity issue must be decided on a case-by-case basis. 1988 Op. Att'y Gen. No. 88-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d, Hospitals and Asylums, §§ 25 et seq., 36.

- 41 C.J.S., Hospitals, §§ 43, 44.

- Liability of private, noncharitable hospital or sanitarium for improper care or treatment of patients, 22 A.L.R. 341; 39 A.L.R. 1431; 124 A.L.R. 186.

Personal liability of member of voluntary association not organized for personal profit on contract with third person, 41 A.L.R. 754.

Immunity of charitable institution from liability for personal injuries as affecting right to recover for and defense available in action by it for services, 100 A.L.R. 1335.

Immunity from liability for damages in tort of state or governmental unit or agency in operating hospital, 25 A.L.R.2d 203.

Liability of hospital to patient injured through defective wheelchair or similar furniture or appliance, 31 A.L.R.2d 1118.

Hospital's liability for injury or death in obstetrical cases, 37 A.L.R.2d 1284.

Hospital's liability as to diagnosis and care of patients brought to emergency ward, 72 A.L.R.2d 396.

Hospital's liability for injury to patient from heat lamp or pad or hot-water bottle, 72 A.L.R.2d 408.

Liability for injury or death due to physical condition of church premises, 80 A.L.R.2d 806.

Hospital's liability for exposing patient to extraneous infection or contagion, 96 A.L.R.2d 1205.

Res ipsa loquitur in action against hospital for injury to patient, 9 A.L.R.3d 1315; 49 A.L.R.4th 63.

Hospital's liability to patient for injury sustained from defective equipment furnished by hospital for use in diagnosis or treatment of patient, 14 A.L.R.3d 1254.

Malpractice: liability of physician or hospital where patient suffers heart attack or the like while undergoing unrelated medical procedure, 17 A.L.R.3d 796.

Hospital's liability for injuries sustained by patient as a result of restraints imposed on movement, 25 A.L.R.3d 1450.

Hospital's liability for injury or death to patient resulting from or connected with administration of anesthetic, 31 A.L.R.3d 1114.

Liability of hospital for refusal to admit or treat patient, 35 A.L.R.3d 841.

Immunity of private schools and institutions of higher learning from liability in tort, 38 A.L.R.3d 480.

Tort liability of public schools and institutions of higher learning for injuries resulting from lack or insufficiency of supervision, 38 A.L.R.3d 830.

Tort liability of private schools and institutions of higher learning for negligence of, or lack of supervision by, teachers and other employees or agents, 38 A.L.R.3d 908.

Hospital's liability for injury allegedly caused by improper diet or feeding of patient, 42 A.L.R.3d 736.

Liability of governmental entity or public officer for personal injury or damages arising out of vehicular accident due to negligent or defective design of a highway, 45 A.L.R.3d 875; 58 A.L.R.4th 559.

Liability of hospital for injury caused through assault by a patient, 48 A.L.R.3d 1288.

Hospital's liability to patient for injury allegedly sustained from absence of particular equipment intended for use in diagnosis or treatment of patient, 50 A.L.R.3d 1141.

Hospital's liability for negligence in selection or appointment of staff physician or surgeon, 51 A.L.R.3d 981.

Liability of hospital, other than mental institution, for suicide of patient, 60 A.L.R.3d 880.

Liability of member of unincorporated association for tortious acts of association's nonmember agent or employee, 62 A.L.R.3d 1165.

Coverage and exclusions under hospital professional liability or indemnity policy, 65 A.L.R.3d 969.

Liability of charitable organization under respondeat superior doctrine for tort of unpaid volunteer, 82 A.L.R.3d 1213.

Patient tort liability of rest, convalescent, or nursing homes, 83 A.L.R.3d 871.

Damage liability of state or local public employees' union officials for unlawful work stoppage, 84 A.L.R.3d 336.

Hospital's liability for patient's injury or death as result of fall from bed, 9 A.L.R.4th 149.

Hospital's liability for negligence in failing to review or supervise treatment given by doctor, or to require consultation, 12 A.L.R.4th 57.

Liability for wrongful autopsy, 18 A.L.R.4th 858.

Tort immunity of nongovernmental charities - modern status, 25 A.L.R.4th 517.

Hospital's liability for patient's injury or death resulting from escape or attempted escape, 37 A.L.R.4th 200.

Liability of hospital or clinic for sexual relationships with patients by staff physicians, psychologists, and other healers, 45 A.L.R.4th 289.

Liability of hospital, physician, or other medical personnel for death or injury to mother or child caused by improper administration of, or failure to administer, anesthesia or tranquilizers, or similar drugs, during labor and delivery, 1 A.L.R.5th 269.

Hospital's liability for injury resulting from failure to have sufficient number of nurses on duty, 2 A.L.R.5th 286.

Liability of hospital, physician, or other medical personnel for death or injury to child caused by improper postdelivery diagnosis, care, and representations, 2 A.L.R.5th 811.

Liability of physician, nurse, or hospital for failure to contact physician or keep physician sufficiently informed concerning status of mother during pregnancy, labor, and childbirth, 3 A.L.R.5th 123.

Liability of hospital, physician, or other medical personnel for death or injury to mother or child caused by improper procedures during vaginal delivery, 4 A.L.R.5th 210.

Liability of hospital, physician, or other medical personnel for death or injury to mother caused by improper postdelivery diagnosis, care, and representations, 6 A.L.R.5th 534.

Liability for personal injury or death allegedly caused by defect in church premises, 8 A.L.R.5th 1.

Right of one governmental subdivision to sue another such subdivision for damages, 11 A.L.R.5th 630.