Enjuris Blog | Find Answers and Share Your Accident's Story

Finding answers after your accident

24/7 Free Consult   (800) 734-4134    
  • Find a Lawyer
  • Accident Resources
    • Personal Injury Law
      • You’ve been hurt. Now what?
      • Do I have a claim?
      • Finding the best attorney to represent you
      • Dealing with Insurance
      • Laws by State
      • View all
    • Accident Types
      • Car accident
      • Truck Accident
      • Workplace injury
      • Wrongful death
      • View all
    • Workers’ Comp
      • Common work injuries
      • Finding the best workers’ comp lawyers
      • How workers’ comp benefits work
      • Personal injury vs. workers’ compensation
      • View all
    • Injury Guides
      • Spinal Cord/Column
      • Brain Injury
      • Occupational injuries
      • Whiplash
      • View all
    • More
      • Blog
      • Tell Your Story
      • Forms and Worksheets
      • Videos
      • For Students
      • About Us
  • Attorney Marketing
    • Compare Plans
    • Become a partner
    • Contribute to our Blog
    • Enjuris Excellence badge
    • Contact Us
Home > Blog > Georgia > Georgia Contributory Negligence Laws

Georgia Contributory Negligence Laws

Contributor: Enjuris Editor How can I contribute?

Georgia contributory negligence

Personal injury law should be easy. A person was injured, and the person who caused the injury should be held responsible for the damages. Straightforward, right? Not always.

First, the basics.

A personal injury claim usually hinges on the defendant’s negligence in their acts or omissions. Negligence is the unintentional failure to take reasonable care to avoid causing injury or loss to another person.

Enjuris tip: Civil liability (also known as tort law) can also include intentional acts.

Elements to prove negligence in Georgia

There are 4 key elements necessary to establish negligence in a Georgia personal injury claim:

  1. The defendant had a duty of care to the plaintiff. Each person has a duty of care to others, and that duty varies based on circumstances. For example, a driver has a duty to motorists, pedestrians, and other road users. A manufacturer has a duty to the consumers who purchase its products to produce items that are safe when used in a foreseeable way.
  2. The defendant breached their duty of care. If the defendant was careless in a way that resulted in the plaintiff’s injury, the defendant breached their duty of care. In other words, consider a store owner who has a duty of care for the safety of any shoppers who enter the store. If the store owner is aware that the floor is wet and they fail to place a warning sign or to block off the wet floor area, they could be found negligent if a customer is injured from a slip and fall on the wet floor.
  3. The breach directly caused the injury. Following the example about the store owner who breached their duty by failing to place a warning sign on the wet floor, a finding of negligence would also require that the reason why the plaintiff fell was because they weren’t warned about the slippery conditions.
  4. The injury resulted in loss. The basis of personal injury law is that a claim is made for the purpose of making the plaintiff “whole.” To be considered whole, you must be restored to the financial condition you’d be in if the accident had never happened in the first place. A claim for damages is calculated to cover any financial losses (medical treatment, lost wages, etc.) and can also cover losses related to pain and suffering, which aren’t as easily quantified but are based on the severity of the physical harm.

Example of how negligence works

So, in a “by the book” claim for a slip and fall injury in Georgia, here’s how negligence might work:

  • The store owner had a duty of care to the customer to keep the premises free from hazardous conditions.
  • The store owner breached their duty because they knew the floor was wet and didn’t take precautions to alert customers that the floor could be slippery.
  • The customer didn’t know the floor was wet and fell.
  • The fall resulted in the customer’s suffering a broken hip.
  • The broken hip cost the customer thousands of dollars in surgeries, assistive equipment, doctor visits, and physical therapy. They also experienced pain and suffering because they were no longer able to participate in activities they’d previously enjoyed or manage their own daily activities during the lengthy recovery process.

If this were a real-life case, the court might award damages to the plaintiff in an amount that covers their medical treatments, plus pain and suffering.

But most cases are more complicated.

In Georgia, a defendant can argue contributory negligence. This is a shared fault rule under which the court would determine whether the plaintiff is also partially at fault for their own injuries.

What are shared fault rules?

Each state falls into one of 4 fault systems, or sets of rules that define how fault is shared between a plaintiff and defendant.

The fault systems are:

  1. Pure contributory negligence. If the plaintiff shared any fault, they can’t recover damages.
  2. Pure comparative negligence. The court will reduce the amount of damages awarded to the plaintiff based on their percentage of fault.
  3. Modified comparative fault (50% rule). The plaintiff may only recover damages if they’re 50% or less at fault.
  4. Modified comparative fault (51% rule). The plaintiff may only recover damages if they’re 51% at less at fault.

Here’s how the different fault systems break down by state:

Fault Systems by State

As you can see, Georgia follows the modified comparative fault 50% rule. If you’re a plaintiff who’s 50% or more at fault for your injuries, you cannot recover any damages. However, if you’re up to 49% liable for your injuries, your damage award would be reduced by your percentage of fault.

Let’s look back at the slippery floor example again.

What if the plaintiff was wearing high-heeled smooth-soled shoes and she was running because she was in a hurry?

The store owner certainly bears the liability of failing to warn customers of the dangerous condition, but if the plaintiff was running and wearing shoes that aren’t designed for it, and perhaps she was also looking at her phone (so even less likely to notice a wet floor), maybe she also bears some responsibility for the accident.

Say the court determines that the plaintiff was 40% at fault.

Her damages amounted to $100,000.

The court would reduce her damage award by 40%, and she would receive $60,000 in damages for her injury. In that same scenario, if the court decided that the plaintiff was 51% percent liable for the slip and fall, she would receive no damages under Georgia law.

How are the percentages of liability decided?

Whether you’re able to settle out of court or the case ends up at trial, the percentage of liability will ultimately be determined based on the weight of the evidence presented.

In a car accident claim, for instance, the court would consider evidence presented in the police report, witness testimony, drivers’ testimony, and other factors. Today, many accidents ( car crashes , slip and falls, and others) are captured on video because of the ubiquitousness of surveillance cameras in stores, at traffic lights, and in other public places. If your accident was captured on video, that might be the strongest evidence there is (though it could help either side).

That’s why it’s crucial to hire a personal injury lawyer who knows Georgia law inside and out.

By examining every piece of evidence — yours and the defendant’s — your lawyer can build a case that’s as favorable to your desired outcome as possible.

Leave a Comment Cancel reply

Required fields are marked *. While our editors carefully moderate all comments, Enjuris cannot guarantee the authenticity or accuracy of the information contained in the post. Such information should not be used as a substitute for obtaining legal advice from a professional. We always recommend consulting with an attorney or other legal professional if you require legal advice. Also, know that any information you provide in your comment may be published on our website, so please avoid sharing any confidential, private or personal information that you don’t want to be made public. Lastly, we will not publish any comments that we determine are promotional, hateful or inappropriate.

GET HELP NOW
Gerber & Holder Law
Gerber & Holder Law Georgia workers' compensation lawyers
FREE CONSULTATION (678) 802-8650 Specialty: Workers' compensation • Hablamos Español

Macon Car Accident Statistics & What To Do After a Crash

Macon “The Heart of Georgia”
Do you know what to do or who to call after a Macon car accident? You’re not alone.

There are several dangerous intersections in Macon and some unsettling local data about traffic accident fatalities in recent years. Learn about the statistics, laws and how to find an injury lawyer.

More on Macon car accident statistics & what to do after a crash

Categories

  • News Stories
  • My Accident Story
  • Resources You'll Love
  • Questions & Answers

In Your State

AZ CA CO FL GA IN MT NC SC TN TX

Attorney Authors
Enjuris Partners

AL attorney Steve Altmann

Steve Altmann
Nomberg Law Firm, AL

Denver accident lawyer Mack Babcock

Mack Babcock
The Babcock Law Firm, CO

Texas personal injury and wrongful death lawyer Laura Brown

Laura Brown
Brown Trial Firm, TX

Attorney Mark Chappell

Mark Chappell
Chappell, Smith & Arden, SC

Neal Davis

Neal Davis
Neal Davis Law Firm, TX

Atlanta workers’ compensation attorney

Natalie Elkins
Gerber & Holder Law, GA

Roger Finderson

Roger Finderson
Finderson Law, IN

Ben Gerber

Ben Gerber
Gerber & Holder Law, GA

Chris Gilreath

Chris Gilreath
Gilreath & Associates, TN

Attorney Taylor Henderson

Taylor Henderson
Sachs Law, CA

Award-winning Atlanta workers’ compensation attorney

Thomas Holder
Gerber & Holder Law, GA

George Lorenzo

George Lorenzo
Lorenzo & Lorenzo, FL

Matt Murphy

Matt Murphy
Murphy Law Firm, MT

Tom Murphy

Tom Murphy
Murphy Law Firm, MT

Bernard Nomberg

Bernard Nomberg
Nomberg Law Firm, AL

David Nomberg

David Nomberg
Nomberg Law Firm, AL

Annemarie Pantazis

Annemarie Pantazis
Wilder Pantazis Law Group, NC

Brett Sachs, California accident attorney

Brett Sachs
Sachs Law, CA

Chelsee Sachs, California accident attorney

Chelsee Sachs
Sachs Law, CA

Charla K. Tadlock, Montana personal injury and workers' compensation attorney

Charla K. Tadlock
Murphy Law Firm, MT

Stephanie Tucker, Denver, CO workers' compensation attorney

Stephanie Tucker
The Babcock Law Firm, CO

Attorney Beau Wilder

Beau Wilder
Wilder Pantazis Law Group, NC

Wilder Pantazis Law Group

Rob Wilder
Wilder Pantazis Law Group, NC

Robert E. Wisniewski

Robert E. Wisniewski
Law Offices of Robert E. Wisniewski, AZ

Contributors

  • Terry Bryant
  • Jason Chalik
  • Daniel Clancy
  • Jacob Emrani
  • John Foy
  • Edward Friedman
  • Bert Louthian
  • Justin Lovely
  • Joseph Markey
  • Jim Parrish
  • Isaias Valencia
  • Steven G Wigrizer
  • Doug Zanes

Free E-Books

car accident e-book

I've been in a car accident I've been in a truck accident

truck accident e-book

What happens now?

What is Enjuris®?

A collection of resources to help people at a tough time in their lives. A place to share your story. A national directory of injury lawyers. Supporter of students, families, caregivers and our communities. How can I contribute?


Hire the right lawyer (800) 734-4134

Lawyer Directory
Car accident attorneys
Defective product attorneys
Personal injury attorneys
Medical malpractice attorneys
Wrongful death attorneys
Workers' compensation attorneys

Enjuris Partner Accident & Injury Lawyers

Gainesville, FL Personal Injury Attorneys
Tampa Personal Injury Attorneys
Lorenzo & Lorenzo (Tampa, Florida)
Finderson Law (Fort Wayne, Indiana)
Wilder Pantazis Law Group (Charlotte, North Carolina)
Brown Trial Firm (Waco, Texas)
The Babcock Law Firm (Denver, Colorado)
Gerber & Holder Law (Atlanta, Georgia)
Law Offices of Robert E. Wisniewski (Phoenix, Arizona)
Murphy Law Firm (Great Falls, Montana)


Law students

Enjuris' Student Center is a resource for all pre-law college students and current law students. Learn how to get ahead in your studies and the career field, as well be a guest contributor to our blog and apply for one of our scholarships.


Partner with us

If your goal is to help people after an accident or injury – or to prevent them in the first place – we'd love to hear from you! We look to work with educators, healthcare and recovery organizations, insurance providers, law firms and other organizations. Get in touch to see how we can work together. Learn more...


Are you a personal injury lawyer?

Login Add your Firm Lawyer online marketing Free resources for attorneys Attorney / SEOs newsletter signup

Contact us today to get involved.
Services for attorneys
Personal Injury Law Firms Directory
Directory guidelines
Law firm SEO quote
Terms of Use


Twitter Facebook LinkedIn YouTube Blog Blog feed

SEO Advantage®, Inc.    SEOLegal Division, Lawyer Marketing    3690 West Gandy Blvd., Suite 444    Tampa, FL 33611    Contact us today

Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Read more about Enjuris.


Copyright © 2022 Enjuris.com. All rights reserved. Terms and conditions The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our site and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal advice. Privacy policy.

SEOLegal.com

Attention attorneys
and SEO firms
  • Make Enjuris work for your law firm
  • Exclusive offers & discounts
  • Content contribution opportunities