Introduction

This article examines Georgia statutes concerning board of trustees duties and facility management in the context of public library safety.

Scenario

A patron browses books at a public library on Poplar Street in Macon, Georgia. While reaching for a book on a high shelf, the entire bookshelf unit tips forward due to overloading and improper anchoring. The heavy shelf and books fall onto the patron, causing serious injuries. Library staff had noticed the shelf wobbling previously but had not addressed the hazard or restricted access to the area.

Georgia Law

Library Board Powers and Duties

Georgia Code § 20-5-2: “The board of trustees of each public library system of a county or municipality shall have the following powers and duties: (1) To establish, maintain, and administer the library system; (2) To establish rules and regulations for the government of the library system; (3) To have custody of and be responsible for the property of the library system.”

Public Property Management

Georgia Code § 20-5-43: “The governing authority of each county and municipality maintaining a public library shall provide sufficient funds to maintain adequate public library service and shall provide suitable library quarters, library equipment, and other physical facilities necessary for the welfare of the public library.”

Governmental Immunity

Georgia Code § 36-33-1: “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.”

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 patron injured by a falling bookshelf at a public library in Macon, Georgia. Georgia Code § 20-5-2 establishes library board custody responsibilities. Georgia Code § 20-5-43 requires adequate facilities. Georgia Code § 36-33-1 addresses governmental immunity. These statutes establish the framework for library liability under Georgia law.

FAQ

Q: What duties does Georgia Code § 20-5-2 impose on library boards? A: Georgia Code § 20-5-2 requires boards to “have custody of and be responsible for the property of the library system.”

Q: What does Georgia Code § 20-5-43 require of governing authorities? A: Georgia Code § 20-5-43 requires authorities to “provide suitable library quarters, library equipment, and other physical facilities necessary for the welfare of the public library.”

Q: What immunity exists under Georgia Code § 36-33-1? A: Georgia Code § 36-33-1 states: “a municipal corporation shall not be liable for the negligent performance or negligent failure to perform any governmental function.”

Q: Where are library governance laws found in the Georgia Code? A: Library governance laws are found in Georgia Code Title 20, Chapter 5.

Q: Does Georgia Code § 51-1-2 apply to public libraries? 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.