Law Commons^™

Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose

Georgia State University Law Review

The United States Supreme Court has described a police officer's decision to terminate a high-speed car chase by making physical contact with the fleeing vehicle as a "choice between two evils." Indeed, while many speed-related deaths occur on Georgia's roadways without the involvement of law enforcement, deaths also transpire when officers choose to make such contact through Precision Intervention Technique (PIT) maneuvers.

In 2015, a Georgia jury found a driver guilty of committing felony murder—a conviction which carries with it a life sentence. The victim, a passenger in the driver's speeding car, died after a law enforcement officer performed a …

Torts: Covid-19 Pandemic Business Safety Act & Executive Order By The Governor Designating Auxiliary Management Workers And Emergency Management Activities, Angelena Velaj, Troy Viger

Georgia State University Law Review

The Executive Order expanded immunity from liability for volunteer health care workers as emergency management workers performing emergency management activities. The Order was not limited to only COVID-19-related activities. When the legislature reconvened, legislators passed the Georgia COVID-19 Pandemic Business Safety Act, which provided liability limitation to businesses against tort claims arising from the pandemic.

Health Cardiopulmonary Resuscitation: Authorize Emergency Medical Technicians To Effectuate A "Do Not Resuscitate" Order For Patients At Home; Provide A "Do Not Resuscitate" Order Form And An Identifying Bracelet, Anklet, Or Necklace To Be Worn By Patients At Home; Provide For Notification Of Revocation Or Cancellation Of A "Do Not Resuscitate" Order, Susan Beth Jacobs

Georgia State University Law Review

The Act authorizes a health care professional or an emergency medical technician (EMT) to effectuate a “do not resuscitate” order for patients who are receiving care from a health care facility or for patients at home. The Act provides that a physician may designate a “do not resuscitate” order, and the patient at home shall wear an identifying bracelet or necklace which alerts medical personnel to the order. An EMT can regard either the order or the identifying bracelet or necklace as a legally sufficient order not to resuscitate. A physician must notify the health care facility staff if the …

Health Regulation And Construction Of Hospitals And Other Health Care Facilities: Require Nursing Homes To Perform Criminal Record Checks On Applicants For Employment, Julie J. Srochi

Georgia State University Law Review

The Act provides for criminal record checks of all persons who wish to become employed by nursing home facilities. It also provides that the Georgia Crime Information Center (GCIC) is immune from liability for faulty reporting. Additionally, the Act immunizes nursing homes from liability for certain claims an employee or employment applicant may have based on a GCIC report to the nursing home facility.

Property Landlord And Tenant: Require Landlords To Give Written Notice To Prospective Residential Tenants Of Recent Flooding Of Leased Property; Impose Tort Liability For Noncompliance, Michael R. Tippett

Georgia State University Law Review

The Act provides that an owner of real property who seeks to rent or lease that property for residential occupancy must notify the prospective tenant in writing, prior to the execution of the lease, of the property’s propensity for flooding if the property has been damaged by flooding at least three times in the five-year period preceding the date of the lease. If the owner fails to provide such notice, the owner will be liable in tort for damage to the tenant’s personal property or property of the tenant’s resident relative proximately caused by flooding occurring during the term of …

Torts General Provisions: Provide Immunity From Liability For School Volunteers, Laura Jones French

Georgia State University Law Review

The Act provides public and private school volunteers with immunity from tort liability. A volunteer is defined as one who provides services for schools without compensation at the request of the school. This immunity exists for acts and omissions that occur either on school property or at a school-sponsored function. The Act provides immunity from liability for public or private schools that request or participate in providing the volunteer services, provided the school also does not receive compensation.

Conservation And Natural Resources Waste Management: Creation Of A State Superfund To Help Fund The Cost Of Hazardous Waste Site Cleanup In Georgia, Sarah L. Inderbitzin

Georgia State University Law Review

The Act creates the Hazardous Waste Trust Fund with monies collected from fees on generators and importers of hazardous and solid waste. The fund is to be used for the cleanup of hazardous waste sites. The Act also identifies categories of persons jointly, severally, and strictly liable to the state for costs incurred by the state in the cleanup. Those persons are also liable for civil and punitive damages which will help fund the Trust. The Act also provides certain exceptions to liability. Finally, the Act calls for identification and listing of hazardous waste sites in Georgia.

Personal Liability Of The Military Official, Byard Q. Clemmons

Georgia State University Law Review

No abstract provided.

Corporations, Partnerships And Associations Limited Partnerships: Amend Georgia Revised Uniform Limited Partnership Act, T. Mallory

Georgia State University Law Review

The Act amends the limitations on names available to limited partnerships, provides for the merger of a limited partnership with a corporation, permits a general partner to maintain the confidentiality of reasonable trade secrets, provides for interim redemption of partnership interests, and alters public notice requirements as they affect the personal liability of a withdrawing general partner.

Corporations, Partnerships And Associations Partnerships: Revise Georgia Uniform Partnership Act, T. Mallory

Georgia State University Law Review

The Act introduces minor revisions and additions to Georgia's Uniform Partnership Act (UPA). The contents of statements of partnership are expanded to include information regarding the admission of new partners, and the Act provides that any such inclusion creates a conclusive presumption that an admittee so named is in fact a partner. The Act also amends the UPA to specify that when the business of a partnership is continued after an agreement of dissolution, partnership property may be applied to the liabilities and obligations of the continuing partnership. Title to the predecessor partnership's real property vests in the continuing partnership …

Buildings And Housing Landfills: Require Identification And Record Keeping, A. Butts-Cater

Georgia State University Law Review

The Act requires that all property on which a landfill is or has been located be properly identified. It also requires the Environmental Protection Division of the Department of Natural Resources to maintain certain landfill records. The Act mandates that deeds conveying an interest in land previously used as a commercial landfill include proper notice and other pertinent information related to the operation of the landfill. The Act imposes liability on the seller of real property if he willfully violates the Code provisions. Further, the Act creates a civil remedy for a purchaser of such land if the purchaser suffers …

Torts Donation And Receipt Of Food For Charitable Distribution: Reduce Liability, T. Long

Georgia State University Law Review

The Act revises the law governing the liability of donors of food items for charitable distribution and the liability of charitable distributors by defining with specificity terms involved and by extending the previously enacted limited liability for donors to charitable distributors. July 1, 1987

Commentary Hb 209: A Prudent Change In Georgia Law, William A. Gregory

Georgia State University Law Review

No abstract provided.

Torts Tort Reform, D. Gresham

Georgia State University Law Review

No abstract provided.