Georgia Negligence Laws

Negligence is the legal basis for most personal injury cases. It is defined as the failure to exercise a certain degree of care in order to minimize the risk of injury to another person. For example, a homeowner who fails to fix a broken set of stairs leading to his front door could be held liable for negligence if a delivery person falls on the stairs and sustains an injury. The negligence laws in some states, including Georgia, recognize the idea of contributory negligence. That means the person bringing a lawsuit (plaintiff) may recover damages if he or she is found to be less than half responsible for the injury.

Georgia negligence laws are summarized in the chart below. Check out Negligence: Background for a concise overview of this legal cause of action.

Code Section

Georgia Code Title 51 governs torts. Under Georgia law, a tort is defined as “the unlawful violation of a private legal right.” Negligence is a type of tort that happens when a person fails to exercise a required duty of care and another person is injured.

Contributory Negligence-Limit to Plaintiff's Recovery

Negligence on the part of the plaintiff does not prevent recovery of damages provided the plaintiff’s fault is less than that of the defendant and the consequences of the defendant's negligence could not have been avoided by exercising ordinary care. A plaintiff’s damages will be reduced by an amount in proportion to his or her fault. (George Code section 51-11-7).

Contribution Among Tortfeasors

If more than one person is found negligent for causing injury to another, a defendant who pays the damages award is entitled to contribution from any other defendants proportionate to their amount of responsibility. (Georgia Code section 51-12-32).

State laws are constantly changing. It’s important to verify the laws you are researching are still current. You can use the following links to locate Georgia laws and review background information about negligence laws.

Research the Law

Georgia Negligence Laws: Related Resources

Have Questions About How Georgia Negligence Laws Apply to Your Case? Ask a Lawyer

Georgia has a wide variety of tort and injury laws. Finding a local legal professional who understands Georgia's Title 51 and contributory negligence laws can maximize your recovery award. So, if you're dealing with a personal injury matter that merits compensation, contact an experienced personal injury attorney in Georgia today.

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