Introduction

This article examines Georgia statutes concerning school property maintenance responsibilities in the context of student playground injuries.

Scenario

A student attends a public elementary school on Houston Road in Macon, Georgia. During recess, the student uses playground equipment that has deteriorated bolts on a swing set. The swing breaks free while in use, causing the student to fall and sustain serious injuries. School maintenance records show the playground equipment had not been inspected for over two years despite district policies requiring annual inspections.

Georgia Law

School Property Maintenance

Georgia Code § 20-2-58: “Local boards of education shall be responsible for the care, custody, and control of all property belonging to the local school system and shall maintain and operate the same in such manner as will promote the best interests of the school system and the educational welfare of the children within the system.”

Sovereign Immunity Waiver

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.”

General Duty of Care

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.”

Conclusion

The scenario describes a student injured by faulty playground equipment at a public school in Macon, Georgia. Georgia Code § 20-2-58 establishes school board maintenance responsibilities. Georgia Code § 50-21-24 addresses sovereign immunity waivers and exceptions. These statutes establish the framework for school district liability under Georgia law.

FAQ

Q: What does Georgia Code § 20-2-58 require of school boards? A: Georgia Code § 20-2-58 states boards “shall be responsible for the care, custody, and control of all property” and “shall maintain and operate the same in such manner as will promote the best interests of the school system.”

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

Q: What is the discretionary function exception? A: Georgia Code § 50-21-24(2) provides no liability for “The exercise or performance of or the failure to exercise or perform a discretionary function or duty.”

Q: Where are school property laws found in the Georgia Code? A: School property laws are found in Georgia Code Title 20, Chapter 2.

Q: Does Georgia Code § 51-1-2 apply to school districts? 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.”

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.