Georgia Code
Chapter 1 - General Provisions
§ 51-1-29.5. Definitions; Limitation on Health Care Liability Claim to Gross Negligence in Emergency Medical Care; Factors for Jury Consideration

(B.1) An assisted living community licensed under Chapter 7 of Title 31;
History. Code 1981, § 51-1-29.5 , enacted by Ga. L. 2005, p. 1, § 10/SB 3; Ga. L. 2009, p. 859, § 16/HB 509; Ga. L. 2011, p. 227, § 29/SB 178; Ga. L. 2015, p. 385, § 4-14/HB 252.
The 2015 amendment, effective July 1, 2015, substituted “intellectually or developmentally disabled” for “mentally retarded” in subparagraph (a)(8)(G).
Editor’s notes.
Ga. L. 2005, p. 1, § 1/SB 3, not codified by the General Assembly, provides that: “The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.”
Ga. L. 2005, p. 1, § 14/SB 3, not codified by the General Assembly, provides for severability.
Ga. L. 2005, p. 1, § 15(b)/SB 3, not codified by the General Assembly, provides that this Code section shall apply only with respect to causes of action arising on or after February 16, 2005, and any prior causes of action shall continue to be governed by prior law.
Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’ ”
Law reviews.
For article on the 2005 enactment of this Code section, see 22 Ga. St. U.L. Rev. 221 (2005).
For article, “State of Emergency: Why Georgia’s Standard of Care in Emergency Rooms is Harmful to Your Health,” see 45 Ga. L. Rev. 275 (2010).
For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).
For annual survey on torts, see 65 Mercer L. Rev. 265 (2013).
For annual survey on torts law, see 66 Mercer L. Rev. 189 (2014).
For annual survey on trial practice and procedure, see 66 Mercer L. Rev. 211 (2014).
For annual survey of tort law, see 68 Mercer L. Rev. 279 (2016).
For annual survey on trial practice and procedure, see 71 Mercer L. Rev. 305 (2019).

Structure Georgia Code

Georgia Code

Title 51 - Torts

Chapter 1 - General Provisions

§ 51-1-1. Tort Defined

§ 51-1-2. Ordinary Diligence and Ordinary Negligence Defined

§ 51-1-3. Extraordinary Diligence and Slight Negligence Defined

§ 51-1-4. Slight Diligence and Gross Negligence Defined

§ 51-1-5. Meaning of “Due Care” in Reference to Child of Tender Years

§ 51-1-6. Recovery of Damages Upon Breach of Legal Duty

§ 51-1-7. When Infraction of Public Duty Gives Cause of Action to Individual

§ 51-1-8. Right of Action Arising From Breach of Private Duty

§ 51-1-9. Recovery for Torts to Self, Wife, Child, Ward, or Servant

§ 51-1-10. Who May Bring an Action for Torts to Wife; Action by Wife Living Apart From Husband for Torts to Self or Children

§ 51-1-11. When Privity Required to Support Action; Product Liability Action and Time Limitation Therefore; Industry-Wide Liability Theories Rejected

§ 51-1-11.1. Liability of Product Seller as a Manufacturer

§ 51-1-12. Liability for Ratifying Tort

§ 51-1-13. Cause of Action for Physical Injury; Intention Considered in Assessing Damages

§ 51-1-14. Violent Injury or Attempt to Commit Injury

§ 51-1-15. Right of Action for Abduction or Harboring of Wife

§ 51-1-16. Right of Action for Seduction of Daughter; Exemplary Damages

§ 51-1-17. Rights of Action for Adultery, Alienation of Affections, and Criminal Conversation Abolished

§ 51-1-18. Furnishing Alcoholic Beverages to Minor Children; Gambling With Minor Children

§ 51-1-19. Negligence by Person Given Trust or Confidence for Consideration

§ 51-1-20. Liability of Persons Serving Charitable Organizations and Public Entities While Acting in Good Faith

§ 51-1-20.1. Liability of Volunteers, Employees, or Officers of Nonprofit Association Conducting or Sponsoring Sports or Safety Program; Liability of Association

§ 51-1-20.2. Liability of Child Passenger Safety Technicians

§ 51-1-21. Liability of Owner of Watercraft for Torts Generally

§ 51-1-22. Owner’s Liability for Negligent Operation of Vessel; Express or Implied Consent Prerequisite

§ 51-1-23. Sale of Unwholesome Provisions

§ 51-1-24. Sale of Adulterated Drugs or Alcoholic Beverages

§ 51-1-25. Furnishing of Wrong Article or Medicine by Vender of Drugs and Medicines

§ 51-1-26. Survivability of Actions Under Code Sections 51-1-23 Through 51-1-25

§ 51-1-27. Recovery for Medical Malpractice Authorized

§ 51-1-28. Transfusions, Transplants, and Transfers of Human Blood, Tissue, Organs; Negligence Prerequisite to Recovery for Damages

§ 51-1-29. Liability of Persons Rendering Emergency Care

§ 51-1-29.1. Liability of Voluntary Health Care Provider and Sponsoring Organization

§ 51-1-29.2. Liability of Persons or Entities Acting to Prevent, Minimize, and Repair Injury and Damage Resulting From Catastrophic Acts of Nature

§ 51-1-29.3. Immunity for Operators of External Defibrillators

§ 51-1-29.4. Liability of Voluntary Health Care Providers and Sponsoring Organizations; Cumulative Immunity; Application

§ 51-1-29.5. Definitions; Limitation on Health Care Liability Claim to Gross Negligence in Emergency Medical Care; Factors for Jury Consideration

§ 51-1-29.6. Liability of Health Care Institutions and Providers Regarding Thc Oil

§ 51-1-30. Liability of Officers and Agents for Acts Performed While Fighting Fires or Performing Duties at the Scene of Emergencies

§ 51-1-30.1. Exemption From Tort Liability of Drivers and Operators of Fire Apparatus in Certain Municipalities

§ 51-1-30.2. Immunity of Teachers and School Personnel From Liability for Communicating Information Concerning Drug Abuse

§ 51-1-30.3. Immunity From Liability for Persons Providing Certain Services Upon Public or Private School Property and for Public or Private Schools Requesting Such Services

§ 51-1-30.4. Immunity From Liability for Officers Providing Security at Nuclear Facilities

§ 51-1-31. Liability From Donation of Canned or Perishable Food to Charitable or Nonprofit Organizations for Use or Distribution

§ 51-1-32. Separate Causes of Action for Personal Injury and Property Damage Caused by Motor Vehicle

§ 51-1-33. Settlement of Single Action Under Code Section 51-1-32 — Evidence in Separate Action

§ 51-1-34. Settlement of Single Action Under Code Section 51-1-32 — Effect in Separate Action

§ 51-1-35. When Negotiating or Obtaining Statement From Injured Adverse Party Prohibited; Effect of Prohibited Settlement in Court Action

§ 51-1-36. Duty of Care of Operator of Motor Vehicle to Passengers

§ 51-1-37. Negligent or Improper Administration of Polygraph Examination; Measure of Damages

§ 51-1-38. Tort Immunity for Medical Students; Exceptions

§ 51-1-39. Liability for Injuries of Person Committing Crime on Political Subdivision Property

§ 51-1-40. Liability for Acts of Intoxicated Persons

§ 51-1-41. Liability of Sports Officials at Amateur Athletic Contests

§ 51-1-42. Limitation of Liability for Transportation of Senior Citizens by Volunteer

§ 51-1-43. “Roller Skating Safety Act of 1993.”

§ 51-1-44. Limitation of Liability for Dental Students

§ 51-1-45. Immunity of Persons Serving Without Compensation as Athletic Team Physicians

§ 51-1-46. “Drug Dealer Liability Act”; Purpose; Definitions; Actions Against Persons Participating in Illegal Marketing of Controlled Substances

§ 51-1-47. Immunity for Disconnection of Motor Vehicle Air Bags

§ 51-1-48. Diligence Required in Reviewing Claims; Nonwaivable Liability Is Not Created; Definitions

§ 51-1-49. Requirements for Maintaining Cause of Action Against Managed Care Entity; Notice; Independent Review

§ 51-1-50. Immunity of Broadcasters From Liability for Levi’s Call: Georgia’s Amber Alert Program

§ 51-1-51. Limitations on Liability of Liquefied Petroleum Gas Providers

§ 51-1-52. Federal Law Payor Guidelines and Criteria Not a Legal Basis for Negligence or Standard of Care for Medical Malpractice or Product Liability

§ 51-1-53. Recreational Joint-Use Agreements

§ 51-1-54. Program and Treatment Completion Certificate

§ 51-1-55. Firearm Instructor Liability

§ 51-1-56. Civil Recovery Available to Victims of Human Trafficking; Statute of Limitations; Relief Sought by Attorney General