Liability of Child Passenger Safety Technicians

  1. Law
  2. Georgia Code
  3. Torts
  4. General Provisions
  5. Liability of Child Passenger Safety Technicians

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  1. As used in this Code section, the term:
    1. "Child passenger safety technician" means a person who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association, or other entity designated by the National Highway Traffic Safety Administration but specifically does not include any person who is an employee or agent of a manufacturer of child safety seats.
    2. "Child safety seat" means a seat as defined in paragraph (1) of subsection (b) of Code Section 40-8-76.
    3. "Sponsoring organization" means a person or organization other than a manufacturer of or an employee or agent of a manufacturer of child safety seats that:
      1. Offers or arranges for the public a nonprofit child safety seat educational program, checkup event, or fitting station program utilizing child passenger safety technicians; or
      2. Owns property upon which a nonprofit child safety seat educational program, checkup event, or fitting station program for the public occurs utilizing child passenger safety technicians.
  2. A child passenger safety technician or sponsoring organization shall not be liable to any person as a result of any act or omission that occurs solely in the inspection, installation or adjustment of a child safety seat, or in providing education regarding the installation or adjustment of a child safety seat if the child passenger safety technician or sponsoring organization provides the services without a fee and acts in good faith within the scope of training for which the technician is currently certified and unless the act or omission constitutes willful and wanton misconduct or gross negligence.
  3. Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of a child safety seat or its employees or agents under any legal claim, including but not limited to product liability claims.
  4. This Code section shall apply to any cause of action arising on or after July 1, 2002.

(Code 1981, §51-1-20.2, enacted by Ga. L. 2002, p. 1140, § 1.)

Cross references.

- Safety restraints for children six years of age or younger, § 40-8-76.

Law reviews.

- For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 339 (2002).

RESEARCH REFERENCES

Defective Automobile Child Safety Restraint, 21 POF3d 115.

Proof of Injury Resulting from Defects in Child Safety Seat, 77 POF3d 85.


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