What Is Negligence in Georgia?
Short answer: Negligence is the failure to use the care a reasonably careful person would use in the same situation. Most Georgia injury claims, from car wrecks to slip and falls, are negligence claims: you must show that someone was careless and that their carelessness caused your injuries.
Definition
Georgia’s code defines ordinary diligence as the care “exercised by ordinarily prudent persons under the same or similar circumstances” and calls the absence of that care ordinary negligence (O.C.G.A. § 51-1-2). Negligence is about carelessness, not intent.
How it works in Georgia
- Four elements. You generally must prove a duty of care, a breach of that duty, that the breach caused your injury, and actual damages.
- Other levels of care. The code also defines extraordinary diligence, whose absence is “slight negligence” (§ 51-1-3), and slight diligence, whose absence is “gross negligence” (§ 51-1-4). Some defendants and claims are judged by these standards instead.
- Breaking a safety law can establish negligence on its own, a rule called negligence per se (§ 51-1-6).
- Your own care counts. If ordinary care would have let you avoid the consequences of the other person’s negligence, you may be barred from recovering (§ 51-11-7). Otherwise your damages are reduced by your share of fault, with no recovery at 50% or more (§ 51-12-33).
- Deadline. Most personal injury claims must be filed within two years (§ 9-3-33), with some exceptions.
Example
A driver on Buford Highway looks down at a text and rear-ends you at a red light. A reasonably careful driver watches the road and leaves room to stop. The driver breached that duty, the crash caused your neck injury, and you have medical bills and missed work. That is a negligence claim.
Why it matters for your claim
- Negligence is the foundation of most car, truck and premises cases.
- Photos, video, witness statements and police reports prove what the other person did wrong.
- Medical records link the carelessness to your injuries.
Read more: Car accident claims and Understanding Georgia’s comparative negligence law.
Related terms
Frequently Asked Questions
Do I have to prove the other person meant to hurt me?
No. You need to show the person failed to use reasonable care and that this failure caused your injuries.
Is gross negligence enough for punitive damages?
Generally not. The Georgia Supreme Court has said that negligence, even gross negligence, does not support punitive damages. They require clear and convincing proof of conduct such as willful misconduct or conscious indifference to consequences (O.C.G.A. § 51-12-5.1(b)).
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 win.
This is general information about Georgia law, not legal advice for your situation.
