Government Liability Claims in Georgia: Suing the State and Local Governments

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A person injured by a government employee, vehicle, or property in Georgia first has to identify which government is responsible. The State, a city, a county, and the United States each have a separate statute that decides whether they can be sued, what notice must come first, and how much can be recovered. A claim measured against the wrong statute can miss a notice period that has already run, and setting the four side by side shows where the deadlines diverge.

Four Governments, Four Statutes

Government Immunity rule Notice or claim step Deadline to sue
The State Sovereign immunity is waived for torts of state officers and employees acting within the scope of their duties, subject to the article's exceptions and limits (OCGA 50-21-23(a)) Written notice within 12 months of when the loss was or should have been discovered (OCGA 50-21-26(a)(1)) Two years after the loss was or should have been discovered (OCGA 50-21-27(c))
A city No waiver except as the statute provides; liability for neglect or improper performance of ministerial duties (OCGA 36-33-1(a), (b)) Written claim within six months of the event, stating a specific amount (OCGA 36-33-5(b), (e)) Not stated in OCGA 36-33-5; the limitation period is suspended while the demand is pending without action (OCGA 36-33-5(d))
A county Not liable to suit unless a statute makes it so (OCGA 36-1-4) Claims presented within 12 months after they accrue or become payable (OCGA 36-11-1) Not stated in OCGA 36-11-1
The United States Federal courts hear claims where the United States, if a private person, would be liable under the law of the place where the act or omission occurred (28 U.S.C. 1346(b)(1)) The claim must first be presented to the agency and finally denied in writing; if the agency does not decide it within six months, the claimant may treat that as a final denial (28 U.S.C. 2675(a)) Barred unless presented in writing to the agency within two years after the claim accrues or unless suit is begun within six months after the final denial is mailed (28 U.S.C. 2401(b))

School districts fall outside two of these statutes by definition: the State’s tort claims act excludes counties, municipalities, school districts, other units of local government, hospital authorities, and housing and other local authorities from the “state” (OCGA 50-21-22(5)), and the motor-vehicle chapter excludes a local school system from a “local government entity” (OCGA 36-92-1(3)).

For example, imagine an event on January 10, 2027, discovered that day. A written claim to a city would be due by July 10, 2027. Written notice to the State would be due by January 10, 2028, and a claim to a county by January 10, 2028 if it accrues on the event date. A claim to the federal agency would have to be presented within two years, by January 10, 2029.

The State: Exceptions and Limits

The State is not liable for losses resulting from the conduct listed in OCGA 50-21-24, including the exercise or performance of, or failure to exercise or perform, a discretionary function or duty, whether or not the discretion is abused (OCGA 50-21-24(2)). A person recovers no more than $1 million for a single occurrence, and the State’s aggregate liability per occurrence is $3 million (OCGA 50-21-29(b)(1)). No award under the State’s tort claims article may include punitive or exemplary damages or interest before judgment (OCGA 50-21-30).

Cities and Counties: Ministerial Duties and the Motor-Vehicle Waiver

A city is not liable for failing to perform, or for errors in performing, its legislative or judicial powers, but it is liable for neglecting to perform, or improperly or unskillfully performing, its ministerial duties (OCGA 36-33-1(b)). For a county, liability exists only where a statute makes it so (OCGA 36-1-4).

Both cities and counties are local government entities under the motor-vehicle chapter, which waives immunity for the negligent use of a covered motor vehicle up to $500,000.00 for bodily injury or death of one person in one occurrence, $700,000.00 in the aggregate for two or more persons, and $50,000.00 for property damage, for incidents on or after January 1, 2008 (OCGA 36-92-1(3); OCGA 36-92-2(a)(3)).

Frequently Asked Questions

Does the motor-vehicle waiver cover a sheriff’s patrol car?
The chapter’s “local government officer or employee” includes a sheriff, a deputy sheriff, and other agents and employees of a sheriff’s office, and a covered motor vehicle is one owned, leased, or rented by the local government entity (OCGA 36-92-1(2), (4)).

Does the local motor-vehicle waiver cover pain and suffering?
The chapter defines “loss” to include personal injury, death, damage to tangible property, lost wages and economic loss, pain and suffering, mental anguish, loss of consortium, and any other element of actual damages recoverable in negligence actions (OCGA 36-92-1(5)).

Where does notice of a claim against the State go?
It must be in writing and sent by certified mail or statutory overnight delivery, return receipt requested, or delivered personally with a receipt, to the Risk Management Division of the Department of Administrative Services, with a copy delivered or mailed to the state government entity whose act or omission is the basis of the claim (OCGA 50-21-26(a)(2)).

Is a hospital authority or housing authority part of the State for a tort claim?
No. The State’s tort claims act excludes hospital authorities and housing and other local authorities from its definition of the “state” (OCGA 50-21-22(5)).

  • OCGA 50-21-22(5); OCGA 50-21-23(a); OCGA 50-21-24(2); OCGA 50-21-26(a)(1), (2); OCGA 50-21-27(c); OCGA 50-21-29(b)(1); OCGA 50-21-30
  • OCGA 36-33-1(a), (b); OCGA 36-33-5(b), (d), (e)
  • OCGA 36-1-4; OCGA 36-11-1
  • OCGA 36-92-1(2) through (5); OCGA 36-92-2(a)(3)
  • 28 U.S.C. 1346(b)(1); 28 U.S.C. 2675(a); 28 U.S.C. 2401(b)

Disclaimer

This article provides general information about claims against governments under Georgia and federal law. It is not legal advice and does not create an attorney-client relationship. Which statute applies, and which deadline governs, depend on the identity of the government body and the specific facts. A person with a claim against a government should consult a licensed Georgia attorney promptly about the particular situation.

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