Contributory Negligence in Georgia
State-specific overview · Tort Law
Georgia uses modified comparative negligence; you cannot recover if you are 50% or more at fault.
How Georgia treats Contributory Negligence
Georgia Code § 34-7-2 bars recovery when the plaintiff's negligence is greater than or equal to the combined negligence of all defendants. If you are 50% at fault, recovery is barred entirely. If you are 49% at fault, you recover 51% of damages. Georgia's rule applies in most negligence actions and creates a significant threshold for plaintiff recovery.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.