§ 51-15-7. Liberal Interpretation to Accomplish Remedial Purposes
The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state’s substantive law, including the limitation under this chapter, to the issue of successor asbestos related liabilities. This chapter shall be construed liberally to accomplish its remedial purposes. History. Code 1981, § 51-15-7 , enacted by Ga. […]
§ 51-15-8. Severability
If any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other parts, portions, sections, subsections, paragraphs, sentences, clauses, phrases, or words or applications of this chapter that can be given effect without […]
§ 51-16-1. Definitions
As used in this chapter, the term: “Claimant” means an individual or an individual’s survivor, including a decedent’s estate, who seeks or has sought recovery of damages in a COVID-19 liability claim; provided, however, that all individuals claiming to have sustained damages of a single individual, are considered a single claimant. “COVID-19” means severe acute […]
§ 51-16-2. Liability Standard; Immunity
No healthcare facility, healthcare provider, entity, or individual shall be held liable for damages in an action involving a COVID-19 liability claim against such healthcare facility, healthcare provider, entity, or individual, unless the claimant proves that the actions of the healthcare facility, healthcare provider, entity, or individual showed gross negligence, willful and wanton misconduct, reckless […]
§ 51-16-3. Rebuttable Presumption of Assumption of Risk Relating to Premises of Individuals or Entities
Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim against an individual or entity for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant on the premises of such individual or entity, there shall be a rebuttable […]
§ 51-16-4. Rebuttable Presumption of Assumption of Risk Relating to Healthcare Facilities or Premises of Healthcare Providers
Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant at any healthcare facility or on the premises of any healthcare provider, resulting in injury to or death […]
§ 51-16-5. Construction With Other Law
This chapter shall not modify or supersede the terms or application of: Title 16, relating to crimes and offenses; Title 31, relating to health or any state regulations related thereto; Chapter 9 of Title 34, relating to workers’ compensation; and Chapter 3 of Title 38, relating to emergency management. History. Code 1981, § 51-16-5 , […]
§ 51-15-2. Definitions
As used in this chapter, the term: “Asbestos claim” means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to asbestos, including, but not limited to: Any claim, to the extent […]
§ 51-15-3. Domestic or Foreign Corporation as Successor; Exemption From Limitations
The limitations contained in Code Section 51-15-4 apply to a domestic or foreign corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation’s successor corporation. The limitations contained in Code Section 51-15-4 do not apply to: Any claim against a corporation that does not constitute […]
§ 51-15-4. Determination of Liability and Limitation on Liability
Except as further limited in subsection (b) of this Code section, the cumulative successor asbestos related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos […]