College Campus Injury Claims in Georgia

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Whether a college is public or private decides which statutes govern an injury on its campus. A claim against a state institution runs through the Georgia Tort Claims Act, with its notice requirement, filing deadline, and cap, while a private college answers under the ordinary premises statute. An assault on either kind of campus can also bring in the negligent security article for causes of action arising on or after April 21, 2025.

Public and Private Campuses Compared

A state institution A private college
Governing rule The State waives sovereign immunity for the torts of state officers and employees acting within the scope of their official duties or employment, subject to the article's exceptions (OCGA 50-21-23(a)) An owner or occupier owes invitees ordinary care in keeping the premises and approaches safe (OCGA 51-3-1)
Notice Written notice within 12 months of the date the loss was or should have been discovered (OCGA 50-21-26(a)(1)) None in OCGA 51-3-1
Deadline to sue Two years after the loss was or should have been discovered (OCGA 50-21-27(c)) Two years after the right of action accrues for injury to the person (OCGA 9-3-33)
Limits on recovery $1 million per person and $3 million aggregate for a single occurrence; no punitive damages or interest before judgment (OCGA 50-21-29(b)(1); OCGA 50-21-30) None in OCGA 51-3-1

The Act defines a “state government entity” as “a state office, agency, authority, department, commission, board, division, instrumentality, or institution” (OCGA 50-21-22(6)). It keeps the State’s immunity for discretionary functions, requires the claimant to name only the state government entity rather than the individual employee, and bars suit after notice until the Department of Administrative Services has denied the claim or 90 days have passed without action (OCGA 50-21-24(2); OCGA 50-21-25(b); OCGA 50-21-26(b)).

For example, imagine a student who discovers a loss on October 15, 2026, at a campus that is a state government entity. Notice would be due by October 15, 2027, and the two-year period to sue would end on October 15, 2028, both counted from the same discovery date.

Assaults and Other Third-Party Crime

For a cause of action arising on or after April 21, 2025, the negligent security article is, except as its subsections (b) and (c) provide, the exclusive remedy for negligent security against owners or occupiers, and an invitee must prove the elements listed in OCGA 51-3-51 (OCGA 51-3-53(a); SB 68, Section 9(b)). The article also lists situations in which no owner or occupier is liable, several of which bear on a campus: an injury to a trespasser, an injury to a person who was not on the owner’s premises, and wrongful conduct that did not occur on the premises in a place from which the owner or occupier had the legal right and authority to exclude the third person (OCGA 51-3-54(1), (2), (3)).

Frequently Asked Questions

Can the professor or staff member be sued personally?
Not for a tort within the scope of state employment. The Act is the only remedy for a tort by a state officer or employee, and an officer or employee who acted within that scope cannot be sued or held liable for it, unless it is proved that the conduct fell outside the officer’s or employee’s official duties or employment (OCGA 50-21-25(a)).

Where is notice of a claim against a state institution sent?
In writing, by certified mail or statutory overnight delivery with return receipt, or by personal delivery with a receipt, to the Risk Management Division of the Department of Administrative Services, with a copy delivered or mailed by first-class mail to the state government entity whose acts are the basis of the claim (OCGA 50-21-26(a)(2)).

Does a settlement with the State end claims against the employee too?
Yes. Once a claim is settled or reduced to judgment under the Act, the claimant can bring no further action over the same occurrence against the State or a state officer or employee (OCGA 50-21-25(c)).

Does a report to police about a specific threat affect a negligent security claim?
An owner or occupier is not liable based on a particularized warning of imminent wrongful conduct by a third person if it made a reasonable effort to give that information to law enforcement, and a call to 911 or another report to law enforcement counts as a reasonable effort (OCGA 51-3-54(7)).

  • OCGA 50-21-22(6); OCGA 50-21-23(a); OCGA 50-21-24(2); OCGA 50-21-25(a), (b), (c); OCGA 50-21-26(a)(1), (a)(2), (b); OCGA 50-21-27(c); OCGA 50-21-29(b)(1); OCGA 50-21-30
  • OCGA 51-3-1; OCGA 9-3-33
  • OCGA 51-3-51; OCGA 51-3-53(a); OCGA 51-3-54(1), (2), (3), (7); SB 68, 2025 Ga. Laws, Section 9(b) (applicability)

Disclaimer

This article provides general information about college campus injury claims under Georgia law. It is not legal advice and does not create an attorney-client relationship. Whether an institution is a state government entity, and which notice and filing rules apply, depend on the specific institution and facts. A person injured on a campus should consult a licensed Georgia attorney promptly about the particular situation.

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