Does Georgia Still Have Joint and Several Liability?
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For most personal injury cases, the answer is no, and that surprises people who expect to collect their full judgment from whichever defendant has the deepest pockets. Georgia replaced joint and several liability with an apportionment system years ago, and understanding the change is important to understanding how recovery actually works. This guide explains what joint and several liability was, how tort reform changed it, the current system, and the practical effect.
What Joint and Several Liability Was
Under the traditional rule of joint and several liability, when two or more defendants caused a single injury, the plaintiff could collect the entire judgment from any one of them. If three defendants were each partly responsible, the plaintiff could pursue the full amount from the one most able to pay, and that defendant would then have to seek contribution from the others.
The advantage to plaintiffs was significant: it shifted the risk of an insolvent or uninsured defendant onto the other defendants rather than onto the injured person. A plaintiff with a valid judgment could be made whole as long as any one liable defendant could pay.
How Tort Reform Changed It
Georgia’s Tort Reform Act of 2005 fundamentally altered this through O.C.G.A. § 51-12-33. The statute provides that apportioned damages are the separate liability of each party, are not a joint liability, and are not subject to any right of contribution. In practical terms, this abolished joint and several liability in most circumstances and replaced it with several liability tied to each party’s percentage of fault.
The shift moved Georgia from a system that protected plaintiffs against uncollectible shares to one designed to ensure that no defendant pays more than its own proportionate fault.
The Current Apportionment System
Today, each defendant is responsible only for the percentage of damages the jury assigns to it. As discussed in the related post on apportionment, the jury determines each party’s share of fault, and liability follows those percentages. There is no joint liability to fall back on and no right of contribution among defendants, because each one’s obligation is already fixed at its own share.
A 2022 amendment to the statute further refined how this works, broadening the apportionment framework, including the assignment of fault to nonparties, to cases brought against one or more defendants. The system continues to develop through court interpretation, but the core principle, several liability by percentage of fault, is settled for the general run of tort cases.
The Practical Effect on Recovery
The consequence for an injured person is concrete. If one of several responsible defendants cannot pay, whether insolvent, uninsured, or judgment-proof, the plaintiff generally cannot recover that defendant’s share from the others. The plaintiff bears the risk of an uncollectible share.
This makes pre-suit decisions important. Identifying all responsible parties, evaluating whether each has assets or insurance, and deciding whom to name as a defendant all bear directly on how much of a judgment can actually be collected. A defendant whose fault would otherwise be assigned as a nonparty may be worth naming if doing so converts an uncollectible share into an enforceable judgment, a strategic consideration created precisely by the move away from joint and several liability.
Key Takeaways
- Georgia no longer has joint and several liability for most tort cases; it was abolished by the 2005 Tort Reform Act.
- Under O.C.G.A. § 51-12-33, each defendant is severally liable only for its own percentage of fault, with no right of contribution.
- A 2022 amendment broadened the apportionment framework, including nonparty fault, across single- and multi-defendant cases.
- The plaintiff bears the risk that an insolvent defendant’s share cannot be collected, making the choice of whom to sue important.
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.