Publication Date
1968
Abstract
"[O]ne of the mysteries of legal evolution"' has been the persistence of many states to retain immunity from tort liability. Only a few states, moti- vated by criticism coupled with a growing awareness of public responsibility, have enacted legislation to assume responsibility in this realm. Unfortunately, however, a majority of the states have refused to follow this enlightened trend, and the result has been that the general welfare of the citizens of these states has not been adequately protected.
This majority includes the State of Georgia. The Georgia courts have consistently maintained that the state cannot be sued without its consent,' and consent is rarely given. Consequently, a citizen injured by the state can only be compensated through a private appropriation resolution in the General Assembly. Although this legislative procedure has recently been streamlined, it is still unsatisfactory in a state whose governmental activity has expanded thereby creating a greater probability of interference with personal rights. This Note will be directed toward re-evaluating the present Georgia practice through analysis of the conceptual problems related to the implementation of state tort liability.
Recommended Citation
R., R. P.
(1968)
"An Alternative to the Georgia Claims Advisory Board: State Tort Liability,"
Georgia Law Review: Vol. 2:
No.
2, Article 7.
Available at:
https://digitalcommons.law.uga.edu/glr/vol2/iss2/7