What does Georgia law require to establish negligence against a local government employee?

To establish negligence against a local government employee in Georgia, it is essential to demonstrate that the employee was acting within the scope of their official duties at the time the alleged negligent act occurred. Georgia law recognizes the principle of governmental immunity, which generally protects local government entities and their employees from liability for tortious acts performed in their official capacity, unless it can be shown that the employee’s actions were outside the bounds of their duties or involved an intentional disregard for safety.

By proving that an employee was acting within the scope of their official duties, you effectively indicate that the actions taken were related to the performance of their governmental responsibilities, which is a necessary element in a negligence claim against that employee. This requirement ensures that the local government remains liable for negligent acts that arise from actions taken as part of the employee's role, rather than for unrelated personal conduct.

Proving intentional misconduct or breach of contract, on the other hand, does not directly pertain to establishing negligence in the context of a tort claim against a governmental employee. Similarly, showing that an employee was off duty is unrelated to the issue at hand, as the focus is on the actions taken in the course of their employment rather than their status as an employee at the time of the act.