What Are the Four Elements of a Negligence Claim in Georgia?

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Duty, breach of that duty, causation, and damages. The Supreme Court of Georgia listed them in those words in SMG Construction Services, LLC v. Cook (2025), a premises case: “As with other varieties of negligence claims”, plaintiffs “must show four elements: duty, breach of that duty, causation, and damages”. Georgia’s apportionment law describes the first three together as “fault”, which, as the Supreme Court explained in Zaldivar v. Prickett (2015), quoted by the Court of Appeals in Transcontinental Carriers v. Bennett (2026), “refers to a breach of a legal duty that a defendant owes with respect to a plaintiff that is a proximate cause of the injury for which the plaintiff now seeks to recover damages”.

Each element, with its Georgia source

Element What Georgia law asks Where it is defined
Duty Whether the defendant owed this plaintiff a legal duty of care, such as a landowner's duty to invitees (§ 51-3-1) or a driver's duties under the Rules of the Road Statute or case law, depending on the relationship
Breach Whether the defendant fell short of the required diligence; for ordinary negligence, the care "exercised by ordinarily prudent persons under the same or similar circumstances" § 51-1-2
Causation Both "cause in fact" and "proximate cause" Reed v. Carolina Casualty Insurance Co. (2014), quoting the Supreme Court in Atlanta Obstetrics & Gynecology Group v. Coleman (1990); §§ 51-12-8, 51-12-9
Damages Compensable loss: special damages "must be proved in order to be recovered", while general damages are presumed to flow from the tortious act § 51-12-2

How the elements are tested

Defenses that work against the elements

Even with all four elements, the plaintiff’s own fault reduces or bars recovery under § 51-12-33, and assumption of the risk can bar it entirely. In SMG v. Cook itself, the Supreme Court held that the injured cabinet installer had actual knowledge of the unguarded ledge, one element of the owner’s affirmative defenses, and sent the case back on the rest. See how the 50 percent comparative fault rule works and when assumption of risk bars a claim.

A checklist for any negligence claim

  1. Who owed you a duty, and what source creates it?
  2. What did that person do or fail to do, compared with the required diligence?
  3. What evidence links that conduct to your specific injuries?
  4. What losses can you document, and which are presumed?

Sources

General information about Georgia law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.

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