Liability of Officers and Agents for Acts Performed While Fighting Fires or Performing Duties at the Scene of Emergencies

  1. Law
  2. Georgia Code
  3. Torts
  4. General Provisions
  5. Liability of Officers and Agents for Acts Performed While Fighting Fires or Performing Duties at the Scene of Emergencies

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  1. As used in this Code section, the term "fire department" includes volunteer fire departments established pursuant to local act, ordinance, or resolution or established as nonprofit corporations pursuant to private subscription and any fire department established as a department, bureau, or agency of a municipality, county, fire district, or authority of this state.
  2. The officers, members, agents, or employees of any fire department established by any county, municipality, fire district, or authority shall not be liable at law for any act or acts done while actually fighting a fire or performing duties at the scene of an emergency, except for willful negligence or malfeasance.
  3. This Code section shall not affect the right of any party to recover damages for an act which occurred before July 1, 1980.

(Code 1933, § 3-1004.1, enacted by Ga. L. 1980, p. 1173, §§ 1, 2; Ga. L. 1982, p. 1150, §§ 1, 2; Ga. L. 1985, p. 149, § 51.)

Cross references.

- Immunity of counties, municipalities for damages resulting from inspections or other actions taken or not taken pursuant to fire protection laws, § 25-2-38.1.

Powers of fire departments in emergencies generally, § 25-3-2.

Firefighters, T. 25, C. 4.

Liability of law enforcement officers for actions taken while performing duties at scene of emergency, § 35-1-7.

Liability of counties only as authorized by statute, § 36-1-4.

Liability of municipal corporations for acts or omissions of officers generally, T. 36, C. 33.

Immunity of state and political subdivisions and emergency management workers for actions taken during emergencies and disasters, § 38-3-35.

Liability of persons rendering assistance at scene of boat collision, accident, or other casualty, § 52-7-14.

Code Commission notes.

- This Code section, enacted by Ga. L. 1980, p. 1173, §§ 1 and 2, was designated § 3-1004.1 of the Code of 1933 by the 1980 Act. However, Ga. L. 1976, p. 1363, § 3, previously enacted a section with that same number for the Code of 1933. See Code Section 9-3-34.

Law reviews.

- For comment, "Good Samaritan Laws - Legal Disarray: An Update," see 38 Mercer L. Rev. 1439 (1987).

JUDICIAL DECISIONS

Firefighters' immunity.

- Trial court properly granted summary judgment to three firefighters on the widow's wrongful death action against the firefighters for the death of the decedent while the decedent tried to rescue a fisherman whose canoe capsized at a lake, which was an incident the firemen were called to, as the lack of evidence of the three firefighters' wilful negligence and malfeasance meant the firefighters were entitled to immunity under O.C.G.A. § 51-1-30(b). Robinson v. DeKalb County, 261 Ga. App. 163, 582 S.E.2d 156 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 57 Am. Jur. 2d, Municipal, County, School, and State Tort Liability, §§ 429 et seq.

C.J.S.

- 63 C.J.S., Municipal Corporations, §§ 912, 913.

ALR.

- Products liability: firefighting equipment, 19 A.L.R.4th 326.


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