The public duty doctrine is a legal principle that shields government bodies from being sued for failing to protect citizens. This concept rests on the idea that duties like general police or fire protection are owed to the public as a whole, not to any single person. The purpose of this rule is to prevent government agencies from facing overwhelming liability for performing their general functions. This article explains how the doctrine operates under Georgia law, its exceptions, and what is required to file a claim against the government.
Understanding the Public Duty Doctrine in Georgia
In Georgia, the public duty doctrine establishes that government entities and their employees are not liable for failing to provide services or protection owed to the entire community. A person cannot sue the government simply because they were the victim of a crime that police did not prevent, as the police’s duty is a general one. The core of the doctrine is that a duty owed to everyone is a duty owed to no one in particular.
This principle is a common law doctrine, established and shaped by court decisions over time. For liability to exist, the government must have a duty to a specific person, not just a general obligation to the public.
When the Public Duty Doctrine Does Not Apply Key Exceptions in Georgia
While the public duty doctrine provides broad protection, it is not absolute. Georgia courts recognize exceptions that allow a lawsuit to proceed when the government’s relationship with an individual is more specific than its general duty to the public. The most significant of these is the creation of a “special relationship.”
A special relationship is formed when a government entity assumes a direct duty to a particular individual or group, setting them apart from the general public. This can happen when an agent takes affirmative action or provides an explicit assurance of protection to a specific person. If that person then relies on that promise, a special duty may be created.
For instance, if a police officer assures a domestic violence victim they will remain at the scene for safety, but then leaves and the victim is harmed, a special relationship may have been formed. The Georgia Supreme Court examined these exceptions in cases like City of Rome v. Jordan, clarifying the doctrine does not apply when an officer’s negligence makes a situation worse, as opposed to a simple failure to act.1Justia. City of Rome v. Jordan :: 1993 :: Supreme Court of Georgia Decisions
Proving a Special Relationship in Georgia Claims
To argue that the public duty doctrine does not apply, a plaintiff must prove a special relationship existed by demonstrating several elements to the court. These elements are:
- An explicit assurance by the government agent that they would act on the individual’s behalf.
- Knowledge by the government agent that their inaction could lead to harm.
- Direct contact or privity between the injured person and the government agent.
- Justifiable and detrimental reliance on the government’s promise, meaning the injured person changed their position or refrained from other protective actions because they depended on the assurance.
All these elements must be present to convince a court that the duty owed was specific and personal, not general and public.
How the Public Duty Doctrine Affects Your Ability to Sue the Government in Georgia
The public duty doctrine presents a significant hurdle for individuals seeking to sue the government in Georgia. If a person’s claim is based on an allegation that the government breached a duty owed to the public at large, the case will likely be dismissed unless one of the specific exceptions can be proven. This means that even if the harm suffered was severe, a lawsuit cannot proceed if the only duty the government allegedly violated was a general one.
The public duty doctrine is a separate defense from sovereign immunity, which is the principle that a state cannot be sued without its consent.2FindLaw. Constitution of the State of Georgia Art. I, § 2, ¶ IX Even if the government has waived sovereign immunity for a particular type of claim, the public duty doctrine can still act as a bar to recovery. Successfully suing the government requires navigating sovereign immunity and also demonstrating that the government owed a specific, individual duty.