§ 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 , […]
§ 51-12-80. Waiver Prohibited; Governing Law; Death of Payee; Compliance by Transferee
The provisions of this article shall not be waived by any payee. Any transfer agreement entered into on or after July 1, 2021, by a payee who is domiciled in this state shall provide that disputes under such transfer agreement, including any claims that the payee has breached the agreement, shall be determined in and […]
§ 51-13-1. Definitions; Maximum Liability; Allowance for Periodic Payments
As used in this Code section, the term: “Claimant” means a person, including a decedent’s estate, who seeks or has sought recovery of damages in a medical malpractice action. All persons claiming to have sustained damages as the result of the bodily injury or death of a single person are considered a single claimant. “Health […]
§ 51-14-1. Legislative Findings and Purpose
The General Assembly finds that: Asbestos is a mineral that was widely used prior to the 1980s for insulation, fire-proofing, and other purposes; Many American workers and others were exposed to asbestos, especially during and after World War II, at shipyards and other sites, prior to the advent of regulation by the United States Occupational […]
§ 51-14-2. Applicability
This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim. History. Code 1981, § 51-14-2 , enacted by Ga. L. 2007, p. 4, § 1/SB 182.
§ 51-14-3. Definitions
As used in this chapter, the term: “Asbestos” means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered, including but not limited to all minerals defined as asbestos in 29 C.F.R. 1910. “Asbestos claim” means any claim, wherever or whenever made, for damages, […]
§ 51-14-4. Prima-Facie Evidence of Physical Impairment a Prerequisite of Asbestos or Silica Claims
Prima-facie evidence of physical impairment of the exposed person as defined in paragraph (17) or (18) of Code Section 51-14-3 shall be an essential element of an asbestos claim or silica claim. In order to bring or maintain an asbestos claim or silica claim, the claimant shall submit prima-facie evidence of physical impairment in accordance […]
§ 51-14-5. When Limitations Period Begins to Run
Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of May 1, 2007, the limitations period shall not begin to run until the exposed person, or any plaintiff making an asbestos claim or silica claim based on the exposed person’s exposure to asbestos or silica, obtains, […]
§ 51-14-6. Dismissal for Failure to Establish Prima-Facie Evidence of Physical Impairment With Respect to an Asbestos Claim or Silica Claim; Procedure; Evidentiary Requirements
Subject to the provisions of Code Section 51-14-12: Any asbestos claim or silica claim pending in this state on May 1, 2007, shall be dismissed within 180 days after May 1, 2007, without prejudice unless: All parties stipulate by no less than 60 days prior to the commencement of trial that the plaintiff has established […]