---
title: O.C.G.A. § 51-12-32. Right of contribution among joint trespassers; effect of settlement.
collection: code
id: 51-12-32
cite_as: O.C.G.A. § 51-12-32 (2025)
canonical_url: https://georgiacommons.org/code/51-12-32
md_url: https://georgiacommons.org/code/51-12-32.md
text_url: https://georgiacommons.org/code/51-12-32/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t51-(v39)-2017-pdf.pdf?sfvrsn=6b891965_0#page=990
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/51-12.md
previous: https://georgiacommons.org/code/51-12-31.md
next: https://georgiacommons.org/code/51-12-33.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: TORTS / DAMAGES / JOINT TORT-FEASORS
---

# O.C.G.A. § 51-12-32. Right of contribution among joint trespassers; effect of settlement.

(a) Except as provided in Code Section 51-12-33, where a tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if an action had been brought against them jointly. Without the necessity of being charged by action or judgment, the right of a joint trespasser to contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom.

(b) If judgment is entered jointly against several trespassers and is paid off by one of them, the others shall be liable to him for contribution.

(c) Without the necessity of being charged by an action or judgment, the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom.

## History

Orig. Code 1863, § 3008; Code 1868, § 3021; Code 1873, § 3076; Code 1882, § 3076; Civil Code 1895, § 3916; Civil Code 1910, § 4513; Code 1933, § 105-2012; Ga. L. 1966, p. 433, § 1; Ga. L. 1972, p. 132, § 1; Ga. L. 1972, p. 134, § 1; Ga. L. 1987, p. 915, § 8.

## Cross References

Third party practice, § 9-11-14 Control of education after payment by joint debtor, § 9-13-78.

## Law Reviews

For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005). For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005). For annual survey on trial practice and procedure, see 65 Mercer L. Rev. 277 (2013).

For note discussing tort-feasor’s ability to sue for contribution from joint tort-feasor absent any judgment compelling either to pay damages, see 5 Ga. St. B. J. 358 (1969). For note, ‘‘Contribution Among Joint Tortfeasors,’’ see 12 Ga. L. Rev. 553 (1978). For note, ‘‘The Effect (Or Noneffect) of the 2004 Amendments to O.C.G.A. §§ 51-12-31 and 51-12-33 on Joint Liability in Georgia,’’ see 44 Ga. L. Rev. 215 (2009).

For comment discussing Georgia law as to a defendant’s right to bring in any party responsible to him for damages sought by the plaintiff, and comparing the approach of Dole v. Dow Chem. Co., 30 N.Y. 2d 143, 282 N.E.2d 288, 331 N.Y.S. 2d 382 (1972), see 24 Mercer L. Rev. 697 (1973).