How does comparative fault work in Georgia?
1. Negligence Elements. Georgia negligence requires duty, breach, proximate cause, and damages (Bradley Ctr. v. Wessner, 250 Ga. 199). Foreseeability is central to both duty and proximate cause.
2. Comparative Fault Regime. O.C.G.A. § 51-12-33(g): a plaintiff "shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury." This is a 50% bar — stricter than most "modified" states which use 51%. At 49% fault, the plaintiff recovers 51% of damages. Union Camp v. Helmy, 258 Ga. 263 informs apportionment.
3. Joint and Several Liability. § 51-12-33(b) — "where an action is brought against more than one person... the trier of fact... shall apportion its award of damages among the persons who are liable according to the percentage of fault of each person." This effectively abolished J&S in tort. The Georgia Supreme Court in Alston & Bird v. Hatcher Mgmt., 312 Ga. 350 (2021) confirmed apportionment does not apply to single-defendant cases — overruled by 2022 amendment restoring apportionment in single-defendant cases.
4. Last Clear Chance / Sudden Emergency. Last clear chance survives in limited form. Sudden emergency remains a recognized defense (Smith v. Finch, 285 Ga. 709).
5. Settling Tortfeasors. § 51-12-33(f) — fault is apportioned to nonparties, including settled tortfeasors. Settlement releases are governed by § 51-12-32.
6. Statute of Repose vs SOL. Personal injury SOL is 2 years (§ 9-3-33). Med-mal repose is 5 years (§ 9-3-71). Construction repose is 8 years (§ 9-3-51). Product liability repose is 10 years (§ 51-1-11).
7. Caps. Med-mal noneconomic cap of $350,000 in § 51-13-1 was struck down as violating jury trial right in Atlanta Oculoplastic Surgery v. Nestlehutt, 286 Ga. 731 (2010). No general cap.
8. Wrongful Death Comparative. O.C.G.A. § 51-4-2 wrongful death applies comparative fault; decedent's negligence reduces recovery to heirs.
9. Worker Injuries. WC Act (O.C.G.A. § 34-9-11) exclusive remedy. Third-party suits subject to § 51-12-33; employer's fault may be considered for apportionment but not as a defendant.
This is legal information, not legal advice.
- Any case where plaintiff fault may approach the strict 50% bar
- Multi-defendant negligence with nonparty fault designations under § 51-12-33(f)
- Construction or product case approaching repose
- O.C.G.A. § 51-12-33
- O.C.G.A. § 9-3-33
- O.C.G.A. § 51-12-32
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.