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Georgia Modified Comparative Fault

Your share can cut the recovery. Fifty percent or more can end it.

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Last Updated September 19, 2026

Short answer

Georgia compares fault. If you are found partly responsible, the judge reduces the award by that percentage. If you are found 50 percent or more responsible, O.C.G.A. § 51-12-33 generally bars recovery. This is not Alabama’s contributory-negligence rule.

If the injury happened in Georgia, this is the statute insurers argue about. O.C.G.A. § 51-12-33 is the text. We describe it in English. Percentages in a real case come from a jury or a settlement, not from a web form. For Alabama, use contributory negligence.

The reduction, then the bar

Subsection (a) says the trier of fact decides your percentage, and the judge reduces the damages by that share. Subsection (g) is the hard line: 50 percent or more, and you generally recover nothing. That single point is why Georgia files still turn into ugly fights about your speed, your lookout, or your phone.

More than one defendant

When the case is against more than one person, the statute also addresses apportionment among those who are liable. How that works in a one-defendant case versus a multi-defendant case is a lawyer-and-court question. We are not going to flatten the case law into a slogan. See the Georgia injury hub.

How Brock & Stout can help

We work the percentage fight with the report and the records, and we keep Alabama’s rule out of a Georgia file. Call or request a free consultation. We cannot promise a particular result.

Georgia personal injury offices

Frequently asked questions

Related resources

  • Alabama Contributory NegligenceAlabama Contributory Negligence

    In many Alabama negligence cases, if you are found even slightly at fault, you can recover nothing. That is contributory negligence. Insurers look for any reason to say you share blame. This page is Alabama law. It is not Georgia law.

  • Car Accident Injury ClaimsCar Accident Injury Claims

    If another driver’s negligence caused a crash, you may have a claim against that driver and available insurance. Your own policy can also matter, including uninsured motorist coverage. This page does not calculate a filing deadline or a settlement value.

  • Georgia Personal Injury LawGeorgia Personal Injury Law

    Georgia personal injury claims generally reduce recovery by the plaintiff’s percentage of fault. If that percentage is high enough under O.C.G.A. § 51-12-33, recovery can be barred. That is not Alabama’s contributory-negligence rule. This page does not calculate a filing date.

  • Multi-Vehicle AccidentsMulti-Vehicle Accidents

    A multi-vehicle crash involves three or more vehicles, or a chain that keeps going after the first hit. More cars means more insurers, more stories, and more chances that someone tries to hand you a share of the blame.

  • Slip and Fall Injury ClaimsSlip and Fall Injury Claims

    You may have a claim if a property owner or occupier failed to use reasonable care and that failure caused your fall. Wet floors, broken stairs, poor lighting, and unmarked hazards are common fact patterns. Falling is not enough by itself. The owner’s knowledge of the hazard often matters.

Injured and not sure what to do next?

Call now or request a free case evaluation. We can review what happened and explain options. We cannot promise a particular result.

This page is general educational information about personal injury claims as of the date shown. It is not legal advice, does not create an attorney-client relationship, and does not guarantee a result. Facts, insurance coverage, and state law vary. Do not use this website to calculate a filing deadline. Personal Injury Knowledge Center

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