Georgia § 36-33-1 - Immunity from liability for damages; waiver of immunity by purchase of liability insurance; liability for acts or omissions generally.

§ 36-33-1. Immunity from liability for damages; waiver of immunity by purchase of liability insurance; liability for acts or omissions generally.

Pursuant to Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia, the General Assembly, except as provided in this Code section and in Chapter 92 of this title, declares it is the public policy of the State of Georgia that there is no waiver of the sovereign immunity of municipal corporations of the state and such municipal corporations shall be immune from liability for damages. A municipal corporation shall not waive its immunity by the purchase of liability insurance, except as provided in Code Section 33-24-51 or 36-92-2, or unless the policy of insurance issued covers an occurrence for which the defense of sovereign immunity is available, and then only to the extent of the limits of such insurance policy. This subsection shall not be construed to affect any litigation pending on July 1, 1986. Municipal corporations shall not be liable for failure to perform or for errors in performing their legislative or judicial powers. For neglect to perform or improper or unskillful performance of their ministerial duties, they shall be liable. (Civil Code 1895, § 748; Civil Code 1910, § 897; Code 1933, § 69-301; Ga. L. 1986, p. 1312, § 1; Ga. L. 1987, p. 3, § 36; Ga. L. 2002, p. 579, § 2.) Limited waiver of governmental immunity by purchase of motor vehicle liability insurance, § 33-24-51 . History of section. - This Code section is derived from the decisions in Rivers v. City Council, 65 Ga. 376 (1880) and Collins v. Mayor of Macon, 69 Ga. 542 (1882). Cross references. - Liability of municipalities for defects in public roads, § 32-4-93 . Law reviews. - For article, "The Tort Liability of Municipalities in Georgia," see 17 Ga. B. J. 456 (1955). For article, "Actions for Wrongful Death in Georgia: Parts Three and Four," see 21 Ga. B. J. 339 (1959). For article surveying tort liability insurance in Georgia local government law, see 24 Mercer L. Rev. 651 (1973). For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For article discussing Georgia's practice of exposing municipalities to tort liability through the use of nuisance law, see 12 Ga. St. B. J. 11 (1975). For article discussing municipal tort liability and the defense of extraterritorial operation, see 12 Ga. L. Rev. 1 (1977). For article discussing sovereign immunity and the State Court of Claims, see 14 Ga. St. B. J. 152 (1978). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For article discussing origin and construction of municipal tort liability law in Georgia, see 14 Ga. L. Rev. 239 (1980). For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986). For article, "Georgia Local Government Tort Liability: The 'Crisis' Conundrum," see 2 Ga. St. U. L. Rev. 19 (1986). For article, "'Sue and Be Sued' in Georgia Local Government Law: A Vignette of Vicissitudes," see 41 Mercer L. Rev. 13 (1989). For annual survey on law of torts, see 43 Mercer L. Rev. 395 (1991). For article, "Local Government Tort Liability: The Summer of '92," see 9 Ga. St. U. L. Rev. 405 (1993). For article, "Georgia's Public Duty Doctrine: The Supreme Court Held Hostage," see 51 Mercer L. Rev. 73 (1999). For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004). For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 511 (2006). For survey article on local government law, see 59 Mercer L. Rev. 285 (2007). For survey article on local government law, see 60 Mercer L. Rev. 263 (2008). For annual survey of administrative law, see 67 Mercer L. Rev. 1 (2015). For survey article on local government law, see 67 Mercer L. Rev. 147 (2015). For annual survey on local government law, see 71 Mercer L. Rev. 189 (2019). For note discussing governmental immunity from tort liability in Georgia, see 5 Ga. St. B. J. 494 (1969). For note, "Adverse Possession of Municipal and County Property Held for Proprietary Purposes: The Unique Georgia Development," see 7 Ga. St. B. J. 482 (1971). For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims, see 27 Emory L.J. 717 (1978). For note on the 2002 amendment of this Code section, see 19 Ga. St. U. L. Rev. 243 (2002). For comment on City of Atlanta v. Hurley, 83 Ga. App. 879 , 65 S.E.2d 44 (1951), see 3 Mercer L. Rev. 218 (1951). For comment criticizing City of Atlanta v. Hurley, see 14 Ga. B. J. 80 (1951). For comment on Caroway v. City of Atlanta, 85 Ga. App. 792 , 70 S.E.2d 126 (1952), see 15 Ga. B. J. 79 (1952). For comment on Knowles v. Housing Auth., 212 Ga. 729 , 95 S.E.2d 659 (1957), holding that the Act giving the housing authority unqualified power to sue and be sued under § 49-2-6 waived any immunity the authority otherwise might have claimed under the state's privilege of governmental immunity, see 20 Ga. B. J. 258 (1957). For comment on Ethridge v. Lavonia, 101 Ga. App. 190 , 112 S.E.2d 822 (1960), see 23 Ga. B. J. 129 (1960). For comment on City of Atlanta v. Mapel, 121 Ga. App. 567 , 174 S.E.2d 599 (1970), as to municipal corporation's negligence liability for injuries sustained at municipal golf courses, see 22 Mercer L. Rev. 608 (1971).