Introduction

This article examines Georgia statutes concerning municipal liability rules in the context of city maintenance operations and public safety.

Scenario

A City of Macon maintenance crew excavates a trench on Spring Street to repair underground water lines. The crew leaves the site for lunch, placing only minimal barriers around the open trench. A pedestrian walking on the sidewalk at dusk does not see the inadequately marked excavation and falls into the trench, suffering serious injuries. The area lacks proper warning signs and lighting despite being in a busy pedestrian zone.

Georgia Law

Municipal Corporation Immunity

Georgia Code § 36-33-1(a): “Except as provided in this Code section, a municipal corporation shall not be liable for the negligent performance or negligent failure to perform any governmental function.”

Exception for Ministerial Functions

Georgia Code § 36-33-1(b): “A municipal corporation shall not be liable for the negligent performance of or negligent failure to perform its governmental functions. However, a municipal corporation may be liable for its negligence in performing or failing to perform its ministerial functions.”

Nuisance Exception

Georgia Code § 36-33-2: “To the extent that a municipal corporation has liability for its governmental functions, such liability shall only exist for a nuisance.”

Public Ways and Property

Georgia Code § 36-33-6: “A municipal corporation which undertakes to control the design, construction, or maintenance of the public ways and public property of the municipality is under a duty to exercise reasonable care to see that those ways and that property are maintained in a condition that is not hazardous to the safety of the public.”

Conclusion

The scenario describes a pedestrian injured by an open utility trench in Macon, Georgia. Georgia Code § 36-33-1 establishes municipal immunity with exceptions. Georgia Code § 36-33-6 addresses duties regarding public ways. These statutes establish the framework for city maintenance crew liability under Georgia law.

FAQ

Q: What does Georgia Code § 36-33-1(a) state about municipal liability? A: Georgia Code § 36-33-1(a) states: “a municipal corporation shall not be liable for the negligent performance or negligent failure to perform any governmental function.”

Q: What exception exists under Georgia Code § 36-33-1(b)? A: Georgia Code § 36-33-1(b) states: “a municipal corporation may be liable for its negligence in performing or failing to perform its ministerial functions.”

Q: What is the nuisance exception under Georgia Code § 36-33-2? A: Georgia Code § 36-33-2 states municipal liability for governmental functions “shall only exist for a nuisance.”

Q: What duty does Georgia Code § 36-33-6 impose? A: Georgia Code § 36-33-6 requires municipalities to “exercise reasonable care to see that those ways and that property are maintained in a condition that is not hazardous to the safety of the public.”

Q: Where are municipal liability laws found in the Georgia Code? A: Municipal liability laws are found in Georgia Code Title 36, Chapter 33.

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.