Georgia § 51-12-33 - Reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties.

§ 51-12-33. Reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties.

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. Where an action is brought against more than one person for injury to person or property, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) of this Code section, if any, apportion its award of damages among the persons who are liable according to the percentage of fault of each person. Damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit. Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at fault. The notice shall be given by filing a pleading in the action designating the nonparty and setting forth the nonparty's name and last known address, or the best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault. Nothing in this Code section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly stated in this Code section. Assessments of percentages of fault of nonparties shall be used only in the determination of the percentage of fault of named parties. Where fault is assessed against nonparties pursuant to this Code section, findings of fault shall not subject any nonparty to liability in any action or be introduced as evidence of liability in any action. Notwithstanding the provisions of this Code section or 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. (Code 1981, § 51-12-33 , enacted by Ga. L. 1987, p. 915, § 8; Ga. L. 2005, p. 1, § 12/SB 3.) Code Commission notes. - Pursuant to Code Section 28-9-5, in 2005, "or" was substituted for "and" near the beginning of subsection (g). Editor's notes. - Ga. L. 2005, p. 1, § 1/SB 3, not codified by the General Assembly, provides that: "The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act." Ga. L. 2005, p. 1, § 14/SB 3, not codified by the General Assembly, provides for severability. Ga. L. 2005, p. 1, § 15(b)/SB 3, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply only with respect to causes of action arising on or after February 16, 2005, and any prior causes of action shall continue to be governed by prior law. Law reviews. - For article, "Products Liability Law in Georgia Including Recent Developments," see 43 Mercer L. Rev. 27 (1991). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 221 (2005). For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005). For survey article on evidence law, see 60 Mercer L. Rev. 135 (2008). For annual survey on trial practice and procedure, see 64 Mercer L. Rev. 305 (2012). For article, "Who Owes How Much? Developments in Apportionment and Joint and Several Liability Under O.C.G.A. § 51-12-33 ," see 64 Mercer L. Rev. 15 (2012). For article, "The Seat-Belt Defense in Georgia," see 65 Mercer L. Rev. 19 (2013). For annual survey on construction law, see 65 Mercer L. Rev. 67 (2013). For annual survey on trial practice and procedure, see 65 Mercer L. Rev. 277 (2013). For annual survey on construction law, see 66 Mercer L. Rev. 27 (2014). For annual survey on insurance law, see 66 Mercer L. Rev. 93 (2014). For annual survey on trial practice and procedure, see 66 Mercer L. Rev. 211 (2014). For annual survey of tort law, see 68 Mercer L. Rev. 279 (2016). For article, "Premises Liability and Apportionment Following Martin v. Six Flags Over Georgia II, L.P.," see 69 Mercer L. Rev. 1 (2017). For annual survey on construction law, see 69 Mercer L. Rev. 63 (2017). For annual survey on product liability, see 69 Mercer L. Rev. 231 (2017). For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018). For annual survey on business associations, see 71 Mercer L. Rev. 15 (2019). For annual survey on construction law, see 71 Mercer L. Rev. 57 (2019). For annual survey on trial practice and procedure, see 71 Mercer L. Rev. 305 (2019). For note, "The Effect (Or Noneffect) of the 2004 Amendments to O.C.G.A. §§ 51-12-31 and 51-12-33 on Joint Liability in Georgia," see 44 Ga. L. Rev. 215 (2009). For note, "Publicly Funded Private Security: A Critical Examination of Georgia Law Pertaining to the Private Employment of Off-Duty Police Officers," see 51 Ga. L. Rev. 879 (2017). For comment, "Where Do We Go From Here? The Future of Caps on Noneconomic Medical Malpractice Damages in Georgia," see 28 Ga. St. U.L. Rev. 1341 (2012).