Introduction

This article examines Georgia statutes concerning accessible transportation and disability accommodation requirements in the context of commercial passenger services.

Scenario

A wheelchair user hails a taxi outside a medical facility on Hospital Drive in Macon, Georgia. The taxi driver allows the passenger to board but refuses to properly secure the wheelchair, stating it takes too much time. During the ride, the unsecured wheelchair shifts during a turn, causing the passenger to fall and sustain injuries. The taxi is equipped with wheelchair tie-down equipment.

Georgia Law

Seat Belt Requirements – Wheelchair Exception

Georgia Code § 40-8-76.1(e)(2): “The requirements of paragraph (1) of this subsection shall not apply to: (B) A driver or passenger who possesses a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt; (C) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency of another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt.”

Common Carrier Duties

Georgia Code § 46-9-132: “A common carrier of passengers must exercise extraordinary diligence to protect the lives and persons of its passengers and is liable for damages to passengers resulting from the slightest negligence in view of the law and public policy; provided, however, the common carrier is not an insurer of its passengers and is only bound to exercise extraordinary diligence.”

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.”

Public Accommodations

Georgia Code § 30-4-1: “It is declared to be the policy of this state that persons with disabilities be employed in the state service, the service of the political subdivisions of the state, and in the public schools and that all public buildings and facilities be so designed, constructed, and renovated as to be accessible to and functional for persons with disabilities.”

Conclusion

The scenario describes a wheelchair passenger injured due to improper securement in a Macon, Georgia taxi. Georgia Code § 40-8-76.1 addresses seat belt requirements with wheelchair exceptions. Georgia Code § 46-9-132 establishes common carrier duties. These statutes establish the framework for taxi company liability under Georgia law.

FAQ

Q: What duty do common carriers owe under Georgia Code § 46-9-132? A: Georgia Code § 46-9-132 states common carriers “must exercise extraordinary diligence to protect the lives and persons of its passengers and is liable for damages to passengers resulting from the slightest negligence.”

Q: Does Georgia Code § 40-8-76.1 address wheelchair users? A: Georgia Code § 40-8-76.1(e)(2) provides exceptions for passengers who cannot wear traditional seat belts for medical or physical reasons.

Q: What is Georgia’s policy under Georgia Code § 30-4-1? A: Georgia Code § 30-4-1 declares “that all public buildings and facilities be so designed, constructed, and renovated as to be accessible to and functional for persons with disabilities.”

Q: Where are common carrier regulations found in the Georgia Code? A: Common carrier regulations are found in Georgia Code Title 46, Chapter 9.

Q: Does Georgia Code § 51-1-2 apply to taxi services? 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.