Comparative Negligence in Georgia
State-specific overview · Tort Law
Georgia bars recovery entirely if plaintiff is 50% or more at fault under modified comparative negligence.
How Georgia treats Comparative Negligence
Georgia applies a modified comparative negligence rule that prevents recovery if the plaintiff's negligence is equal to or greater than the defendant's negligence. A plaintiff 50% at fault cannot recover any damages, while a plaintiff 49% at fault can recover 51% of damages. This strict threshold means plaintiffs must prove they bear less than 50% of the fault to receive any recovery, creating a significant barrier in close-fault cases.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Georgia.