Introduction

This article examines Georgia statutes concerning public utility responsibilities and infrastructure maintenance in the context of injuries from utility access points.

Scenario

A pedestrian walks along a sidewalk on First Street in downtown Macon, Georgia. The pedestrian steps on an improperly secured manhole cover that shifts under their weight. The pedestrian’s leg falls through the opening, causing severe injuries. The manhole provides access to underground utility lines maintained by the local utility company. No warning signs or barriers surrounded the hazardous manhole.

Georgia Law

Public Utility Definition

Georgia Code § 46-1-1(12): “‘Public utility’ means every gas company, gas utility, electric utility, electric membership corporation, or telecommunications company or telegraph or telephone company owned or operated by any person and all other persons, their lessees, trustees, or receivers now or hereafter owning or operating any plant or equipment in this state for compensation for: (A) The conveyance of gas or oil through pipes or pipelines; (B) The generation, transmission, or sale of electricity; or (C) The transmission or conveyance of telephone or telegraph messages.”

Duty to Maintain Infrastructure

Georgia Code § 46-3-6: “Every public utility shall furnish and provide such service and facilities as shall be safe, adequate, and sufficient for the accommodation of the public and as shall be in all respects just and reasonable.”

General Negligence Standard

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Nuisance in Public Ways

Georgia Code § 41-1-1: “A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable man.”

Conclusion

The scenario describes a pedestrian injured by an uncovered manhole in Macon, Georgia. Georgia Code § 46-1-1 defines public utilities. Georgia Code § 46-3-6 requires utilities to provide safe facilities. Georgia Code § 41-1-1 addresses nuisances. These statutes establish the framework for utility company liability under Georgia law.

FAQ

Q: What does Georgia Code § 46-3-6 require of public utilities? A: Georgia Code § 46-3-6 requires utilities to “furnish and provide such service and facilities as shall be safe, adequate, and sufficient for the accommodation of the public and as shall be in all respects just and reasonable.”

Q: How does Georgia Code § 46-1-1 define a public utility? A: Georgia Code § 46-1-1(12) defines public utilities as companies “owning or operating any plant or equipment in this state for compensation” for various utility services.

Q: What general duty applies under Georgia Code § 51-1-2? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Q: Where are public utility regulations found in the Georgia Code? A: Public utility regulations are found in Georgia Code Title 46.

Q: How does Georgia Code § 41-1-1 define a nuisance? A: Georgia Code § 41-1-1 defines a nuisance as “anything that causes hurt, inconvenience, or damage to another.”

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.