Georgia Code, Title 50, Chapter 21, Article 2 - State Tort Claims
- § 50-21-20 - Short Title
This article shall be known and may be cited as "The Georgia Tort Claims Act."
- § 50-21-21 - Legislative Intent
(a) The General Assembly recognizes the inherently unfair and inequitable results which occur in the strict application of the traditional doctrine of sovereign immunity....
- § 50-21-22 - Definitions
As used in this article, the term: (1) "Claim" means any demand against the State of Georgia for money only on account of loss...
- § 50-21-23 - Limited Waiver of Sovereign Immunity
(a) The state waives its sovereign immunity for the torts of state officers and employees while acting within the scope of their official duties...
- § 50-21-24 - Exceptions to State Liability
The state shall have no liability for losses resulting from: (1) An act or omission by a state officer or employee exercising due care...
- § 50-21-24.1 - Workers' Compensation Exclusive Remedy Not Waived; Workers' Compensation Fund to Pay Claims
This article does not waive the workers' compensation exclusive remedy when state employees are injured on the job. The workers' compensation fund shall pay...
- § 50-21-25 - Immunity of State Officers or Employees for Acts Within Scope of Official Duties or Employment; Officer or Employee Not Named in Action Against State; Settlement or Judgment
(a) This article constitutes the exclusive remedy for any tort committed by a state officer or employee. A state officer or employee who commits...
- § 50-21-26 - Notice of Claim Against State; Time for Commencement of Action; Examination of Records to Facilitate Investigation of Claims; Confidential Nature of Documents and Information Furnished
(a) No person, firm, or corporation having a tort claim against the state under this article shall bring any action against the state upon...
- § 50-21-27 - Retroactive Operation; Limitations of Actions; Applicability of Other Related Statutes
(a) It is the specific intent of the General Assembly that this article shall operate retroactively so as to apply to tort claims or...
- § 50-21-28 - Venue of Actions
All tort actions against the state under this article shall be brought in the state or superior court of the county wherein the loss...
- § 50-21-29 - Trial of Actions; Limitations on Amounts of Damages; Caps to Limit Total Damages Regardless of the Type Claimed
(a) Trial of tort actions against the state under this article shall be conducted by a judge with a jury; provided, however, the parties...
- § 50-21-30 - Punitive or Exemplary Damages or Interest Prior to Judgment Not Allowed
No award for damages under this article shall include punitive or exemplary damages or interest prior to judgment.
- § 50-21-31 - Interest Rate After Judgment
In all cases where judgment is obtained under this article, the judgment shall bear interest from the date judgment is entered at the rate...
- § 50-21-32 - Signing of Pleadings, Motions, or Other Papers
In any claim, action, or proceeding brought under this article, the signature of an attorney or party constitutes a certificate by him or her...
- § 50-21-33 - Liability Insurance or Self-Insurance Programs; State Tort Claims Trust Fund; Premiums and Deductibles; Incentive Programs Authorized; Merger of Preexisting Programs and Funds; Additional Coverages
(a) The Department of Administrative Services shall formulate and initiate a sound program providing for liability insurance, self-insurance, or a combination of both to...
- § 50-21-34 - Payment of Claims or Judgments; Execution or Levy Against State Funds or Property Prohibited; Amount of Fiscal Year Aggregate Liability
(a) No claim or judgment against the state under this article shall be payable except from the State Tort Claims Trust Fund or from...
- § 50-21-35 - Service of Process; Mailing of Complaint
In all civil actions brought against the state under this article, to perfect service of process the plaintiff must both: (1) cause process to...
- § 50-21-36 - Settlement of Claims
The commissioner of the Department of Administrative Services, or his or her delegate, shall have the authority, within the limits provided in this article,...
- § 50-21-37 - Hold Harmless and Indemnification Agreements
(a) If a state government entity enters into or is the beneficiary of any agreement under which a third party agrees to hold a...
Last modified: October 14, 2016