Negligence in Georgia
State-specific overview · Tort Law
Georgia applies modified comparative negligence, barring recovery if your negligence is greater than or equal to the defendant's negligence.
How Georgia treats Negligence
Under Georgia law, a plaintiff cannot recover if their negligence is equal to or exceeds the defendant's negligence. If you are found to be less than 50% at fault, your damages are reduced by your percentage of comparative negligence. Georgia courts use the reasonable person standard to determine whether a defendant breached a duty of care. The state recognizes different duty standards for property owners based on the legal status of the injured party as an invitee, licensee, or trespasser.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.