STATE LAW – GEORGIA LIBRARY – GUIDE 17
Georgia Modified Comparative Negligence, Apportionment & the 50% Bar
Georgia uses modified comparative negligence and statutory apportionment under O.C.G.A. § 51-12-33. A plaintiff who is 50% or more responsible for the injury or damages may not recover; below 50%, damages are reduced in proportion to the plaintiff’s fault.
- A plaintiff at exactly 50% fault is barred.
- Fault may be apportioned among liable persons and, when statutory requirements are met, qualifying nonparties.
- Preserve physical, electronic and witness evidence relevant to causation and allocation.
- Review settlement and nonparty-fault procedure before trial because apportionment affects each defendant’s exposure.
Primary Georgia Source
O.C.G.A. § 51-12-33 — Comparative Fault and Apportionment
Current-law review: September 16, 2026. Georgia’s recovery bar begins at 50% plaintiff fault, not above 50%.
PUBLIC-INTEREST LEGAL EDUCATION
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Official Georgia sources
Georgia General Assembly · Georgia Office of Commissioner of Insurance · Supreme Court of Georgia