What Is Apportionment of Fault in Georgia?
Short answer: Apportionment of fault is how a Georgia jury divides responsibility for an injury among everyone who caused it: you, each defendant, and sometimes people who are not in the lawsuit. Each defendant pays only its own percentage of your damages, and if you are 50% or more at fault, you recover nothing.
Definition
To “apportion” means to divide into shares. Under O.C.G.A. § 51-12-33, the jury assigns a percentage of fault to each person who contributed to the harm. Comparative negligence is the part of that process that looks at your own share.
How it works in Georgia
- Your share reduces your award. Your damages are reduced by your percentage of fault, and at 50% or more you recover nothing (O.C.G.A. § 51-12-33(a), (g)).
- No joint liability. Each defendant owes only its own share and does not have to cover anyone else’s (§ 51-12-33(b)).
- Nonparties can share the blame. The jury can assign fault to someone not in the case if you settled with that person or a defendant files a notice at least 120 days before trial (§ 51-12-33(c), (d)). The nonparty pays nothing as a result (§ 51-12-33(f)).
- One defendant is enough. A 2022 amendment (HB 961) made clear the statute applies even when you sue only one defendant.
- 2025 changes. For claims arising on or after April 21, 2025, SB 68 lets juries consider seat belt non-use when apportioning fault, and it requires juries in negligent security cases to assign fault to the criminal.
Example
You are hit in a three-car chain reaction on I-85 in Gwinnett County and sue the two drivers behind you. One files a notice blaming a hit-and-run driver. The jury values your damages at $100,000 and assigns 70% of the fault to Driver A, 20% to Driver B and 10% to the hit-and-run driver. You can collect $70,000 and $20,000 from the two defendants, but neither pays the missing driver’s share.
Why it matters for your claim
- Every percentage point assigned to you or someone else reduces what a defendant pays.
- Defendants often blame people who are not in the case, so knowing early who may share fault helps decide whom to sue and which insurance to pursue.
Read more: Multi-vehicle pileups in Georgia: who pays when more than one driver is at fault.
Related terms
Frequently Asked Questions
Is apportionment the same as comparative negligence?
Not exactly. Comparative negligence is about your own share of fault. Apportionment is the full division of fault among everyone involved, including defendants and nonparties.
Can a jury blame someone who is not in the lawsuit?
Yes, with proper notice or if you settled with that person. That lowers what the named defendants owe.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we recover for you.
This is general information about Georgia law, not legal advice for your situation.
