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Liability and comparative fault in Georgia

Last updated . Sources checked

Contents
  1. The plaintiff's percentage
  2. Other people and nonparties
  3. Seat-belt evidence is no longer categorically excluded
  4. Related entries
  5. References
Liability and comparative fault in Georgia
Recovery thresholdPlaintiff fault of 50 percent or more bars recovery under 51-12-33[1]

Liability concerns legal responsibility for an injury or loss. Georgia defines ordinary diligence by reference to the care ordinarily prudent people exercise in similar circumstances. A crash inquiry therefore considers the driving duty and surrounding facts, not only the name assigned to the collision in a report.[2]

The plaintiff's percentage

Under O.C.G.A. 51-12-33, damages are reduced in proportion to the plaintiff's share of fault. A plaintiff who is 50 percent or more responsible for the injury or damages claimed cannot recover damages under that provision. "Modified comparative fault" describes this reduction and threshold; it does not mean any degree of fault defeats recovery.[1]

Other people and nonparties

The statute directs consideration of contributing persons or entities, even if they were not or could not be named as parties. It includes conditions for considering a nonparty's fault, including settlement or timely notice from a defending party. Assigning fault to a nonparty is not itself a judgment imposing liability on that nonparty.[1]

Seat-belt evidence is no longer categorically excluded

The 2025 legislation permits seat-belt nonuse evidence on specified issues, including comparative negligence and causation, subject to other evidence rules. It may be used to diminish recovery. That is not an automatic percentage deduction, and the change has applicability provisions. The older statement that nonuse can never be considered should not be repeated as a current blanket rule.[3]

References

  1. abc O.C.G.A. 51-12-33: reduction and apportionment of damages. Justia. https://law.justia.com/codes/georgia/title-51/chapter-12/article-2/section-51-12-33/. independent. Checked . Source record
  2. ^ O.C.G.A. 51-1-2: ordinary diligence. Justia. https://law.justia.com/codes/georgia/title-51/chapter-1/section-51-1-2/. independent. Checked . Source record
  3. ^ 2025 SB 69: signed legislation, including seat-belt evidence. Office of the Governor of Georgia. https://gov.georgia.gov/document/2025-signed-legislation/sb-69/download. official. Checked . Source record