Liability of Person Employed by Compressed Gas Dealer Who Provides Assistance Upon Request of Law Enforcement Agency

  1. Law
  2. Georgia Code
  3. Torts
  4. Defenses to Tort Actions
  5. General Provisions
  6. Liability of Person Employed by Compressed Gas Dealer Who Provides Assistance Upon Request of Law Enforcement Agency

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  1. Any person employed by a licensed compressed gas dealer who provides assistance upon request of any law enforcement agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of liquefied petroleum gas, when the reasonably apparent circumstances require prompt decisions and actions, shall not be liable for any civil damages resulting from any act of commission or omission on his part in the course of his rendering such assistance unless such acts or omissions amount to willful or wanton negligence or intentional wrongdoing. Nothing in this Code section shall be deemed or construed to relieve any person from liability for civil damages: (1) where the accident or emergency referred to in this subsection involved his own facilities or equipment or (2) resulting from any act of commission or omission on his part in the course of providing care or assistance in the normal and ordinary course of conducting his own business or profession, nor shall this Code section be construed to relieve from liability for civil damages any other tort-feasor not referred to in this Code section.
  2. Nothing in subsection (a) of this Code section applies to the rendering of such care, assistance, or advice where the same is rendered for remuneration beyond reimbursement for out-of-pocket expenses in connection therewith, or with the expectation of such remuneration, from the recipient or recipients of such care, assistance, or advice or someone on his or their behalf.
  3. Subsection (a) of this Code section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, willful, or wanton misconduct shall constitute gross negligence.

(Code 1933, § 105-1807, enacted by Ga. L. 1982, p. 2211, § 1; Code 1981, §51-11-8, enacted by Ga. L. 1982, p. 2211, § 2; Ga. L. 1983, p. 3, § 40.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, in the second sentence of subsection (a) "in this subsection" was substituted for "above".

RESEARCH REFERENCES

ALR.

- Construction and application of "Good Samaritan" statutes, 68 A.L.R.4th 294.


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