2021 Georgia Code
Title 50 - State Government
Chapter 21 - Waiver of Sovereign Immunity as to Actions Ex Contractu; State Tort Claims
Article 2 - State Tort Claims
§ 50-21-24. Exceptions to State Liability

Universal Citation: GA Code § 50-21-24 (2021)

The state shall have no liability for losses resulting from:

  1. An act or omission by a state officer or employee exercising due care in the execution of a statute, regulation, rule, or ordinance, whether or not such statute, regulation, rule, or ordinance is valid;
  2. The exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a state officer or employee, whether or not the discretion involved is abused;
  3. The assessment or collection of any tax or the detention of any goods or merchandise by any law enforcement officer;
  4. Legislative, judicial, quasi-judicial, or prosecutorial action or inaction;
  5. Administrative action or inaction of a legislative, quasi-legislative, judicial, or quasi-judicial nature;
  6. Civil disturbance, riot, insurrection, or rebellion or the failure to provide, or the method of providing, law enforcement, police, or fire protection;
  7. Assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, or interference with contractual rights;
  8. Inspection powers or functions, including failure to make an inspection or making an inadequate or negligent inspection of any property other than property owned by the state to determine whether the property complies with or violates any law, regulation, code, or ordinance or contains a hazard to health or safety;
  9. Licensing powers or functions, including, but not limited to, the issuance, denial, suspension, or revocation of or the failure or refusal to issue, deny, suspend, or revoke any permit, license, certificate, approval, order, or similar authorization;
  10. The plan or design for construction of or improvement to highways, roads, streets, bridges, or other public works where such plan or design is prepared in substantial compliance with generally accepted engineering or design standards in effect at the time of preparation of the plan or design;
  11. Financing regulatory activities, including, but not limited to, examinations, inspections, audits, or other financial oversight activities;
  12. Activities of the Georgia National Guard or organized militia as defined in Code Section 38-2-2 when engaged in state or federal training or duty, but this exception does not apply to vehicular accidents; or
  13. Any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design.

(Code 1981, §50-21-24, enacted by Ga. L. 1992, p. 1883, § 1; Ga. L. 1998, p. 850, § 2; Ga. L. 2018, p. 161, § 1/HB 309.)

Law reviews.

- For review of 1998 legislation relating to state government, see 15 Ga. St. U.L. Rev. 245 (1998). For article, "Torts," see 53 Mercer L. Rev. 441 (2001). For survey article on trial practice and procedure for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 439 (2003). For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004). For annual survey of law of torts, see 56 Mercer L. Rev. 415 (2004). For annual survey of administrative law, see 57 Mercer L. Rev. 1 (2005). For survey article on trial practice and procedure, see 59 Mercer L. Rev. 423 (2007).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Discretionary Functions
  • Application
  • Georgia Forestry Commission

RESEARCH REFERENCES

ALR.

- Liability of state or municipality for unsafe roadway condition arising from rain, snow, fog, or other atmospheric condition, naturally occurring or created by another, 57 A.L.R.6th 355.

Liability of public or private schools or institutions of higher learning, or personnel thereof, in connection with suicide of student, 100 A.L.R.6th 563.

Propriety of and liability arising from police use of precision immobilization technique or similar act, 42 A.L.R.7th Art. 2.

Claims arising from governmental conduct causing damage to plaintiff's real property as within discretionary function exception of federal Tort Claims Act (28 U.S.C.A. § 2680(a)), 167 A.L.R. Fed. 1

Liability of United States for failure to warn of danger or hazard not directly created by act or omission of federal government and not in national parks as affected by "discretionary function or duty" exception to Federal Tort Claims Act, 169 A.L.R. Fed. 421.

Liability of United States for failure to warn of danger or hazard resulting from governmental act or omission as affected by "discretionary function or duty" exception to Federal Tort Claims Act (28 U.S.C.A. § 2680(a)), 170 A.L.R. Fed. 365.

Liability of United States for failure to warn local police or individuals of discharge, release, or escape of person who is deemed dangerous to public as affected by "discretionary act or duty" exception to Federal Tort Claims Act, 171 A.L.R. Fed. 655.

Claims arising from conduct of governmental employer in administering or failing to administer medical care as within discretionary function exception of Federal Tort Claims Act (28 U.S.C.A. § 2680(a)), 172 A.L.R. Fed. 407.

Liability of United States, under Federal Tort Claims Act (28 U.S.C.A. §§ 1346, 2680), for damages caused by ingestion or administration of government-approved drugs, vaccines, and medications, 173 A.L.R. Fed. 431.

Construction and application of Federal Tort Claims Act (FTCA) exception in 28 U.S.C.A. § 2680(c), concerning claims arising in respect of assessment or collection of any tax or customs duty, or detention of goods or merchandise by any officer of customs or excise or any other law-enforcement officer, 173 A.L.R. Fed. 465.

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