Last Updated September 19, 2026
Short answer
Georgia uses modified comparative fault. If the injured person is found partly at fault, recoverable damages are reduced in proportion to that share of fault. If the injured person is 50 percent or more at fault, O.C.G.A. § 51-12-33 generally bars recovery.
O.C.G.A. § 51-12-33 governs important comparative-fault and apportionment issues in Georgia injury cases. The percentage of fault assigned to the plaintiff and other responsible parties can directly affect the amount that may be recovered. For Alabama, use contributory negligence.
How Plaintiff Fault Affects Damages
Under O.C.G.A. § 51-12-33, the trier of fact may determine the plaintiff’s percentage of fault. Recoverable damages are reduced according to that percentage. If the plaintiff is 50 percent or more at fault, recovery is generally barred.
Apportionment Among Responsible Parties
Georgia law also addresses how fault may be allocated among defendants and, when the statutory requirements are met, nonparties whose conduct contributed to the injury. Since the 2022 amendment to O.C.G.A. § 51-12-33, apportionment is authorized in actions against one or more defendants. The allocation in an individual case depends on the parties, claims, evidence, and applicable law.
How Brock & Stout can help
We review the evidence relevant to fault and evaluate the claim under Georgia’s comparative-fault and apportionment rules. Our Georgia Personal Injury team serves clients through our Atlanta and Columbus offices. Call or request a free consultation.
Georgia personal injury offices
Frequently asked questions
Personal injury claims are subject to filing deadlines, and the deadline that applies can depend on the facts of the case. Different notice requirements may apply depending on who is involved. Do not use this website to calculate a filing deadline. Speak with an attorney promptly.
Not under § 51-12-33. A small share can reduce the award. A finding of 50 percent or more generally bars recovery. Alabama’s rule is stricter. Use the page that matches the state.
Related resources
- Alabama Contributory Negligence — Alabama Contributory Negligence
In many Alabama ordinary-negligence cases, contributory negligence can bar recovery if the injured person is found to have contributed to the injury. Whether the defense applies depends on the facts and the legal theory involved.
- Car Accident Injury Claims — Car Accident Injury Claims
If another driver’s negligence caused a crash, you may have a claim against that driver and available insurance. Your own policy can also matter, including uninsured motorist coverage. This page does not calculate a filing deadline or a settlement value.
- Georgia Personal Injury Law — Georgia Personal Injury Law
Georgia generally uses modified comparative fault. An injured person’s damages may be reduced by that person’s percentage of fault, and recovery is generally barred if the injured person is 50 percent or more at fault under O.C.G.A. § 51-12-33. Alabama uses a different fault system.
- Multi-Vehicle Accidents — Multi-Vehicle Accidents
A multi-vehicle crash involves three or more vehicles and can create disputes about the sequence of impacts, the actions of each driver, and which insurance policies apply. Determining responsibility may require evidence from multiple vehicles and witnesses.
- Slip and Fall Injury Claims — Slip and Fall Injury Claims
You may have a claim if a property owner or occupier failed to use reasonable care and that failure caused your fall. Wet floors, broken stairs, poor lighting, and unmarked hazards are common fact patterns. Falling is not enough by itself. The owner’s knowledge of the hazard often matters.
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This page is general educational information about personal injury claims as of the date shown. It is not legal advice, does not create an attorney-client relationship, and does not guarantee a result. Facts, insurance coverage, and state law vary. Do not use this website to calculate a filing deadline. Personal Injury Knowledge Center
