Liability

Joint and Several

Economic Damages

No

Georgia abolished joint and several liability in 2005.

S.B. 3, 148th Gen. Assem., Reg. Sess. (Ga. 2005) (codified at Ga. Code Ann. § 51-12-33(b)).

Non-Economic Damages

No

See above.

May a Jury Allocate Fault Among All Persons Contributing to an Injury?

Yes

S.B. 3, 148th Gen. Assem., Reg. Sess. (Ga. 2005) (codified at Ga. Code Ann. § 51-12-33(c)-(f)).

Market Share Liability

No

Chapman v. American Cyanamid Co., 861 F.2d 1515 (11th Cir. 1988); Blackston v. Shook & Fletcher Insulation Co., 764 F.2d 1480 (11th Cir. 1985) (interpreting Georgia law).

Defenses

Comparative Negligence

Yes

Georgia adopted comparative negligence amongst all parties for all cases in 2005.  

"(a) Where an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault. . . . (g) Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed."

S.B. 3, 148th Gen. Assem., Reg. Sess. (Ga. 2005) (codified at Ga. Code Ann. § 51-12-33(a)).

A plaintiff may not recover if by ordinary care he or she could have avoided the consequences to himself caused by defendant’s negligence.  In other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.

Ga. Code Ann. § 51-11-7.

Assumption of Risk

Yes

To establish assumption of risk, the defendant must show that the plaintiff:

(1) had knowledge of the danger;
(2) understood and appreciated the risks associated with such danger; and 
(3) voluntarily exposed himself to those risks.

Deere & Co. v. Brooks, 299 S.E.2d  704 (Ga. 1983).

Product Misuse

Yes

A manufacturer may not be held strictly liable for injuries resulting from a substantial change or abnormal use of a product.

Giordano v. Ford Motor Corp. 299 S.E.2d 897 (Ga. 1983).

Compliance With
Government Standards

No

Compliance with federal regulations is a factor to be considered when determining product defect and in negligence actions, but not a complete defense.

Ogletree v. Navistar Int’l Transp. Corp., 522 S.E.2d 467 (Ga. 1999).

Florida courts have held that punitive damages are generally improper when a manufacturer has adhered to applicable industry standards and federal regulations.  

See, e.g., Barger v. Garden Way, Inc., 499 S.E.2d 737 (Ga. 1998).

Statute of Repose

Yes

Lawsuits may not be brought for injuries occurring more than ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.

Ga. Code Ann. § 51-1-11(b)(2).

The statute of repose does not apply to failure to warn claims.

Chrysler Corp v. Batten, 450 S.E.2d 208 (Ga. 1994).

Government Contractor Defense

Uncertain

McLawsuits Permitted? 

Can a food manufacturer, distributor, seller, or retailer be sued based on an individual's weight gain, obesity, or obesity-related health condition?

No

Compensatory Damages

Is there a statutory limit on economic damages?

No

Is there a statutory limit on non-economic damages?

Limited, in medical liability actions only

Georgia adopted a $350,000 limit on noneconomic damages per healthcare provider, with an overall aggregate limit of $1.05 million, in 2005.

S.B. 3, 148th Gen. Assem., Reg. Sess. (Ga. 2005) (codified at Ga. Code Ann. 51-13-1(4)(d-e)).

Is recovery for medical monitoring permitted without physical injury?

No cases or statutes address the issue

Is recovery of attorney's fees or court costs permitted in actions when a settlement offer has been made?

Ga. Code Ann. § 9-11-68(b-c).

Punitive Damages

Is there a statutory limit?

Yes

Punitive damages are limited to $250,000 unless the plaintiff demonstrated that the defendant acted with a specific intent to harm.

Ga. Code Ann. § 51-12-5.1(g).

Is there any restriction on imposing multiple punitive damage awards for same conduct?

Yes*

*A law limiting punitive damages in product liability cases to a single award, Ga. Code Ann. § 51-12-5.1(e), was declared unconstitutional by a federal court in McBride v. Gen. Motors Corp., 737 F. Supp. 1563 (M.D. Ga. 1990).  The Georgia Supreme Court, however, declined to follow the federal ruling in Mack Trucks, Inc. v. Cockle, 436 S.E.2d 635 (Ga. 1993).

Does the state receive a portion of the punitive damage award?

Yes

The state treasury receives seventy-five percent of a plaintiff's punitive damages award in product liability cases.

Ga. Code Ann. § 51-12-5.1(e)(2).

What standard is used?

Clear and convincing evidence

Ga. Code Ann. § 51-12-5.1(b).

Procedures

Venue

Conducive to Abuse - 
Does the statute permit forum shopping?

No

Domestic and foreign corporations authorized to transact business in Georgia are deemed to reside and to subject to venue as follows:

(1) In civil proceedings generally -- in the county where the corporation maintains its registered office.
(2) In actions based on contracts -- in the county where the contract to be enforced was made or is to be performed, if the corporation has an office and transacts business in that county;
(3) In actions for damages because of torts, wrong, or injury done -- in the county where the cause of action originated, if the corporation has an office and transacts business in that county;
(4) In actions for damages because of torts, wrong, or injury done -- in the county where the cause of action originated. If venue is based solely on this paragraph, the defendant has the right to remove the action to the county in Georgia where the defendant maintains its principal place of business.

Ga. Code Ann. § 14-2-510(b).

Georgia courts may decline jurisdiction of any civil causes of a nonresident by considering the following factors:

(1) the place of accrual of the cause of action; 
(2) the location of witnesses; 
(3) the residence or residences of the parties; 
(4) whether a litigant is attempting to circumvent the applicable statute of limitations of another state; and 
(5) the public factor of the convenience to and burden upon the court.  

Ga. Code Ann. § 50-2-21(b).

Georgia enacted a law in 2005 that allows courts to dismiss cases with little or no connection to the venue under the doctrine of forum non conveniens.

S.B. 3, 148th Gen. Assem., Reg. Sess. (Ga. 2005) (codified at  Ga. Code Ann. 9-10-31.1)

In cases involving multiple defendants, if defendants who reside in the county where the action is pending are discharged from liability, the non-resident defendant may require that the case be transferred to a county or court in which venue would otherwise be proper.

 S.B. 3, 148th Gen. Assem., Reg. Sess. (Ga. 2005).  (codified at Ga. Code Ann. 9-10-31.1(d)

Class Actions

Is there a right to an immediate appeal of class certification?

Yes

S.B. 19, 148th Gen. Assem., Reg. Sess. (Ga. 2005) (codified at Ga. Code Ann. 9-11-23(g))

Appeal Bonds

Does the amount of the required bond place undue pressure on the defendant to settle rather than appeal?

No

In any civil case under any legal theory, including cases involving individual, aggregated, class-action, or otherwise joined claims, an appeal bond may not exceed $25 million.

Ga. Code Ann. § 5-6-46(b).

Evidence

Has the state adopted Daubert, which requires the judge  to act as a "gatekeeper" against unreliable expert testimony?

Yes

Georgia strengthened expert witness rules and adopted the Daubert standard in civil cases in 2005.

 S.B. 3, 148th Gen. Assem., Reg. Sess. (Ga. 2005) (codified by Ga. Code. 24-9-67.1)

 Private Lawsuits Under Consumer Protection Statutes

Must each individual plaintiff show that he or she relied on the allegedly unfair or deceptive practice at issue?

Yes

Justifiable reliance and causation are required.

Lynas v. Williams, 454 S.E.2d 570, 574 (Ga. Ct. App. 1995); Crown Ford, Inc. v. Crawford, 473 S.E.2d 554 (Ga. Ct. App. 1996).

What is the level of scienter (intent) required of a defendant?

Not required

Regency Nissan, Inc. v. Taylor, 391 S.E.2d 467 (Ga. Ct. App. 1990); but see Colonial Lincoln-Mercury Sales, Inc. v. Molina, 262 S.E.2d 820 (Ga. Ct. App. 1979) (requiring culpable conduct).

Are class actions permitted?

No

Ga. Code Ann. § 10-1-399(a)

Are statutory damages (an amount set by statute) provided for even if a plaintiff cannot show an actual economic injury?

No

Actual damages only.

Ga. Code Ann. § 10-1-399

Does the plaintiff automatically receive treble (triple) damages regardless of the intent of the defendant? 

No

Exemplary damages are available only in cases of intentional violations.

Does every prevailing plaintiff receive attorneys fees and costs?

Yes*

Reasonable attorney’s fees and costs are awarded to a prevailing plaintiff unless he or she rejects a reasonable settlement offer.

Ga. Code Ann. § 10-1-399.

Is conduct authorized by or in compliance with a state or federal statute or regulation exempt from the act? 

Yes

 “Nothing in this part shall apply to: (1) Actions or transactions specifically authorized under laws administered by or rules and regulations promulgated by any regulatory agency of this state or the United States….”

Ga. Code Ann. § 10-1-396.

Also contains a provision stating that:

“It is the intent of the General Assembly that this part be interpreted and construed consistently with interpretations given by the Federal Trade Commission in the federal courts pursuant to Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. Section 45(a)(1)), as from time to time amended.

Ga. Code Ann. § 10-1-391.

The Uniform Deceptive Trade Practices Act exempts “[c]onduct in compliance with the orders or rules of or a statute administered by a federal, state, or local governmental agency.”

Ga. Code Ann. § 10-1-374.

 Jury Service

Automatic exemptions and disqualifications based on occupation eliminated?

Generally, yes

Legislators during attendance in the State Assembly are automatically excused from jury service.  Full-time students are excused upon request.  All other qualified citizens have an opportunity and obligation to serve as jurors.

Are the grounds for obtaining an excuse from service closely defined?

No

A court may dismiss “[a]ny person who shows that he or she will be engaged during his or her term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause."

Ga. Code Ann. § 15-12-1(a)(1). 

May jurors automatically postpone and reschedule service?

No

Is a juror's employment and leave time adequately protected during service?

Yes

It is “unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee” because he or she has been called for jury duty or is serving as a juror.

Ga. Code Ann. § 34-1-3.

Law could be clarified to provide an employer may not require an employee to use annual, vacation, or sick leave time for the period in which he or she serves.

Is there a limit on the frequency of jury service?

Yes

In most courts, citizens who are called for jury service are ineligible to serve again in the next term of court.

Is the length of service limited to no more than one day or one trial?

No

A person summoned to jury duty may serve as long as four weeks.

Ga. Code Ann. § 15-12-3. 

Juror per diem

Not less than $5 per day nor more than $50 per day

Ga. Code Ann. § 15-12-7(b). 

Is additional compensation available on lengthy trials?

In some courts

Some courts provide a slightly higher juror fee after the first day of service.

Is the potential penalty for nonappearance sufficient to encourage participation?

No

A person who fails to respond to a summons may be held in contempt of court.

Ga. Code Ann. § 15-12-10.

Problem Jurisdictions

 None reported