Introduction

This article provides general information about Georgia statutes related to governmental immunity and school liability. The information presented consists of direct quotations from Georgia law and does not constitute legal interpretation or advice.

Scenario

A student attends a public elementary school on Anthony Road in Macon, Georgia. During recess on the school playground, the student falls from playground equipment and sustains injuries. A teacher supervises the playground area at the time of the incident. The playground equipment is maintained by the school district.

Georgia Law

Sovereign Immunity

Georgia Code § 50-21-23(a): “The state shall only be liable for its torts in the manner and to the extent provided in this article and in accordance with the fair and uniform procedures provided in this article.”

Waiver of Immunity for Motor Vehicle Use

Georgia Code § 50-21-24(7): “The state waives its sovereign immunity for the torts of state officers and employees while acting within the scope of their official duties or employment and shall be liable for such torts in the same manner as a private individual or entity would be liable under like circumstances; provided, however, that the state’s sovereign immunity is waived subject to all exceptions and limitations in this article.”

Immunity for Discretionary Functions

Georgia Code § 50-21-24(2): “The state shall have no liability for losses resulting from: … 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 is abused.”

Conclusion

The scenario describes a student injury on a public school playground in Macon, Georgia. Georgia Code § 50-21-23 addresses sovereign immunity. Georgia Code § 50-21-24 addresses waivers and exceptions to immunity. These statutes establish the framework for governmental liability under Georgia law.

FAQ

Q: What does Georgia Code § 50-21-23 state about state liability? A: Georgia Code § 50-21-23(a) states: “The state shall only be liable for its torts in the manner and to the extent provided in this article and in accordance with the fair and uniform procedures provided in this article.”

Q: How does Georgia law address discretionary functions? A: Georgia Code § 50-21-24(2) states the state has no liability for “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 is abused.”

Q: When does Georgia waive sovereign immunity under Georgia Code § 50-21-24? A: Georgia Code § 50-21-24(7) states the state waives immunity “for the torts of state officers and employees while acting within the scope of their official duties or employment.”

Q: Where are governmental immunity laws found in Georgia Code? A: Governmental immunity laws are found in Georgia Code Title 50, Chapter 21.

Q: Does Georgia Code § 50-21-24 contain exceptions to the waiver of immunity? A: Georgia Code § 50-21-24(7) states the waiver is “subject to all exceptions and limitations in this article.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.