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O.C.G.A. § 35-1-7

Liability of law enforcement officers performing duties at the scene of an emergency

Applied in 3 court decisions — leading case Hamilton ex rel. Hamilton v. Cannon (1996)

Most recently applied in Hamilton Ex Rel. Hamilton v. Cannon (April 1996)

— Code 1933, § 3-1004.3, enacted by Ga

(a) As used in this Code section, the term:

(1) “Emergency” means an occurrence involving, or appearing to

involve, a clear and imminent danger or threat to life, health, or property, including, but not limited to, the rescuing of a person or pet from a locked vehicle when such person or pet remaining within such vehicle presents a clear and imminent danger to such person’s or pet’s life or health.

(2) “Law enforcement officer” means any peace officer who is employed by this state or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs.

(3) “Pet” means any domesticated animal normally maintained in or near the household of its owner.

(b) Alaw enforcement officer shall not be liable at law for any action or actions done while performing any duty at the scene of an emergency

except for gross negligence, willful or wanton misconduct, or malfea-

sance.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.