§ 50-21-24 — Exceptions to state liability

Georgia § 50-21-24

• Jurisdiction: Georgia
• Title: 50

Text

The state shall have no liability for losses resulting from: (1) An act or omission by a state officer or employee exercising due care in the execution of a statute, regulation, rule, or ordinance, whether or not such statute, regulation, rule, or ordinance is valid; (2) 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 involved is abused; (3) The assessment or collection of any tax or the detention of any goods or merchandise by any law enforcement officer; (4) Legislative, judicial, quasi-judicial, or prosecutorial action or inaction; (5) Administrative action or inaction of a legislative, quasi-legislative, judicial, or quasi-judicial nature; (6) Civil disturbance, riot, insurrection, or rebellion or the failure to provide, or the method of providing, law enforcement, police, or fire protection; (7) Assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, or interference with contractual rights; (8) Inspection powers or functions, including failure to make an inspection or making an inadequate or negligent inspection of any property other than property owned by the state to determine whether the property complies with or violates any law, regulation, code, or ordinance or contains a hazard to health or safety; (9) Licensing powers or functions, including, but not limited to, the issuance, denial, suspension, or revocation of or the failure or refusal to issue, deny, suspend, or revoke any permit, license, certificate, approval, order, or similar authorization; (10) The plan or design for construction of or improvement to highways, roads, streets, bridges, or other public works where such plan or design is prepared in substantial compliance with generally accepted engineering or design standards in effect at the time of preparation of the plan or design; (11) Financing regulatory activities, including, but not limited to, examinations, inspections, audits, or other financial oversight activities; (12) Activities of the Georgia National Guard or organized militia as defined in Code Section 38-2-2 when engaged in state or federal training or duty, but this exception does not apply to vehicular accidents; or (13) Any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design.

Legislative History

Amended by 2018 Ga. Laws 309,§ 1, eff. 5/3/2018.