51-12-33. Reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Where an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.#
(b)
Where an action is brought against one or more persons for injury to person or property, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) of this Code section, if any, apportion its award of damages among the person or persons who are liable according to the percentage of fault of each person. Damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution.#
(c)
In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.#
(d)
1. (1)
  Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at fault.#
2. (2)
  The notice shall be given by filing a pleading in the action designating the nonparty and setting forth the nonparty’s name and last known address, or the best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault.#
(e)
Nothing in this Code section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly stated in this Code section.#
(f)
1. (1)
  Assessments of percentages of fault of nonparties shall be used only in the determination of the percentage of fault of named parties.#
2. (2)
  Where fault is assessed against nonparties pursuant to this Code section, findings of fault shall not subject any nonparty to liability in any action or be introduced as evidence of liability in any action.#
(g)
Notwithstanding the provisions of this Code section or any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 51-12-33, enacted by Ga. L. 1987, p. 915, § 8; Ga. L. 2005, p. 1, § 12/SB 3; Ga. L. 2022, p. 802, § 1/HB 961.

Amendments

The 2022 amendment, effective May 13, 2022, in the first sentence in subsection (b), substituted “one or more persons” for “more than one person” near the beginning, and inserted “person or” near the end. See Editor’s notes for applicability.

Editor's notes

Ga. L. 2022, p. 802, § 2/HB 961, not codified by the General Assembly, provides that this Act shall apply to all cases filed after May 13, 2022.

Law reviews

For article, “Premises Liability and Apportionment Following Martin v. Six Flags Over Georgia II, L.P.,” see 69 Mercer L. Rev. 1 (2017). For annual survey on construction law, see 69 Mercer L. Rev. 63 (2017). For annual survey on product liability, see 69 Mercer L. Rev. 231 (2017). For note, “Publicly Funded Private Security: A Critical Examination of Georgia Law Pertaining to the Private Employment of Off-Duty Police Officers,” see 51 Ga. L. Rev. 879 (2017). For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018). For annual survey on business associations, see 71 Mercer L. Rev. 15 (2019). For annual survey on construction law, see 71 Mercer L. Rev. 57 (2019). For annual survey on trial practice and procedure, see 71 Mercer L. Rev. 305 (2019). For article, “2019 Georgia Corporation and Business Organization Case Law De-velopments,” see 25 Ga. St. B.J. 30 (June 2020). For article with annual survey on labor and employment law, see 73 Mercer L. Rev. 137 (2021). For article with annual survey on torts, see 73 Mercer L. Rev. 243 (2021). For article with annual survey on trial practice and procedure, see 73 Mercer L. Rev. 265 (2021). For annual survey on trial practice and procedure, see 74 Mercer L. Rev. 263 (2022).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-pdf.pdf, Volume V39, 2017 edition, 2025 supplement, pages 96 to 98; merge action: replaced; file SHA-256 9104a04c683d.

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