How Are Damages Divided Among Multiple Defendants in Georgia?

With more than one party responsible for an injury, Georgia does not make each defendant automatically liable for the whole judgment. Instead, the law apportions damages according to each party’s share of fault. This guide explains the apportionment rule, how fault percentages are assigned, the effect on each defendant, the role of nonparty fault, and a recent statutory change.

The Apportionment Rule

Georgia’s apportionment rule is set out in O.C.G.A. § 51-12-33. When an injury is caused by more than one party, the trier of fact assigns each liable party a percentage of fault, and each party’s liability is limited to its own share. The statute is explicit that apportioned damages are the separate liability of each party, are not a joint liability, and are not subject to any right of contribution among defendants.

This is a significant departure from the older approach, and it is covered more fully in the related post on joint and several liability. The short version is that a defendant generally pays only its apportioned percentage, not the entire award.

How Fault Percentages Are Assigned

The jury determines each party’s percentage of responsibility for the injury. After any reduction for the plaintiff’s own fault, the jury apportions the remaining damages among the liable parties according to each one’s percentage. The percentages must reflect each party’s actual contribution to causing the harm, and they must add up in a way that accounts for all responsible actors the jury is asked to consider.

The Effect on Each Defendant

Because liability is several rather than joint, the practical effect can be substantial. A defendant assigned 30 percent of the fault is responsible for 30 percent of the damages, no more. If a co-defendant assigned 60 percent is insolvent or uninsured, the 30 percent defendant does not have to cover that gap. The plaintiff bears the risk that some responsible parties cannot pay their shares.

This is why, for a plaintiff, the choice of whom to sue and the assets behind each defendant matter so much. Spreading fault across parties who cannot pay can leave a portion of the judgment uncollectible.

Nonparty Fault

Georgia allows fault to be assigned even to people who are not defendants in the case. Under the statute, the jury considers the fault of all persons or entities who contributed to the injury, whether or not they were named as parties. To have fault assigned to a nonparty, a defendant generally must give notice, by statute, at least 120 days before trial, identifying the nonparty and the basis for the claim, unless the nonparty has settled with the plaintiff.

Fault assigned to a nonparty reduces the percentage borne by the defendants, but it does not create a judgment against the nonparty; such findings cannot subject the nonparty to liability. So nonparty fault can lower what the plaintiff actually collects, since no one pays the nonparty’s share.

A Recent Change

The scope of apportionment shifted with a 2022 amendment to § 51-12-33. An earlier Georgia Supreme Court decision had read the statute to limit nonparty apportionment in single-defendant cases. The 2022 amendment revised the statutory language, broadening apportionment so that it applies in actions brought against one or more persons, which restored the ability to apportion fault to nonparties even where only one defendant is sued. This is the current framework.

A separate point worth noting: negligent security claims have their own specialized apportionment rules under Georgia’s 2025 reform, distinct from the general § 51-12-33 framework discussed here. That specialized regime is addressed in the premises liability posts.

Key Takeaways

• Under O.C.G.A. § 51-12-33, damages are apportioned by each party’s percentage of fault, with several (not joint) liability and no contribution.
• The jury assigns each party’s percentage; each defendant pays only its own share.
• A defendant does not cover an insolvent co-defendant’s share, so the plaintiff bears collectibility risk.
• Fault can be assigned to nonparties (with 120-day notice), and a 2022 amendment broadened apportionment to single-defendant cases.

This article provides general information about Georgia law and is not legal advice. Statutes and court decisions change, and how the law applies depends on the specific facts of a situation. For advice about a particular matter, consult a licensed Georgia attorney.