Georgia · Comparative Negligence

Georgia Comparative Negligence Rule

Georgia follows a modified 50% bar rule under Ga. Code Ann. § 51-12-33. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Georgia

Rule type: Modified 50% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Georgia

Modified comparative negligence with a 50% bar; the plaintiff recovers only when fault is less than 50% of the combined fault. Apportionment among parties and nonparties is statutorily required.

Related: Georgia statute of limitations

Georgia gives you 2 years to file a personal injury lawsuit under O.C.G.A. § 9-3-33.

See the full Georgia statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Georgia attorney before relying on it.

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Georgia Comparative Negligence FAQ

What comparative negligence rule does Georgia follow?

Georgia follows a modified 50% bar rule under Ga. Code Ann. § 51-12-33. Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Georgia?

Yes, up to a point. In Georgia you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Georgia?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Georgia bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Georgia?

Georgia gives you 2 years to file a personal injury lawsuit under O.C.G.A. § 9-3-33.

Where can I read the actual rule?

The controlling authority is Ga. Code Ann. § 51-12-33. The full text is available at https://law.justia.com/codes/georgia/title-51/chapter-12/article-2/section-51-12-33/.

See comparative negligence rules for all 51 covered states

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