Georgia Tort Laws

A few years ago, Georgia’s tort-related expenditures soared to approximately $13.4 billion, accounting for 2.5% of its GDP. At this time, Georgia, for the first time, joined the list of the nation’s "Judicial Hellholes" released by the American Tort Reform Foundation, ranking after Philadelphia, California, New York City, Louisiana, and St. Louis. These designations are given to jurisdictions perceived as disproportionately unbalanced and unfair in civil litigation, putting corporate liability and medical malpractice defendants at a disadvantage.

A tort occurs when an individual’s action leads to injury or damage to another person or property. This article delves into Georgia’s tort statutes, explaining the differences between torts and crimes and the specific procedures in a mass tort lawsuit. It also tackles the different legal remedies for tort cases. The discussion concludes with a compilation of legal resources, offering a detailed guide for tort victims.

Basic Tort Categories in Georgia

Negligent Torts

A negligent tort is a legal claim arising when one’s failure to act with reasonable care harms another person or their property. Negligence is the most common form of tort and is often the cause of automobile accidents. For example, a driver who is preoccupied with their phone and fails to pay attention to the road will be liable for a negligent tort if they crash their car and cause injury or death.

To win a negligence case in Georgia, you must prove that the other party failed to act with reasonable care and that their actions directly caused your injuries or losses. The plaintiff must prove that this breach of duty directly caused their injuries in order to establish the defendant's liability. The “duty of care” refers to the standard of care society expects, which varies based on the circumstances of the case and the relationship between the parties involved. In addition, the harm must be a direct result of the negligence and a foreseeable consequence of the defendant’s actions or inactions.

Intentional Torts

Any deliberate act that causes harm to a person's body or property is known as an intentional tort. Essentially, we’re all expected not to harm others, including avoiding acts like assault. If you’re on the receiving end of such actions, you’re entitled to seek compensation for your damages.

Intentional torts in personal injury cases include:

• Assault.

• Battery.

• Wrongful death.

• False imprisonment.

• Defamation.

• Malicious prosecution.

• Intentional infliction of emotional distress.

Property-related intentional torts include:

• Trespassing on real property.

• Trespassing on personal property.

• Illegally converting someone else’s personal property.

• Creating a nuisance.

Strict Liability Torts

In product liability cases, a strict liability tort allows legal action against manufacturers of defective products, regardless of intent or negligence. In Georgia’s legal system, victims can claim damages without proving the manufacturer’s fault. The only requirement for a successful claim is to show that the product, as marketed, was faulty and caused injury. 

The strict liability doctrine applies exclusively to manufacturers, sparing sellers who may not be able to detect a product’s hidden flaws through simple inspection. Nonetheless, sellers may be held liable if they fail to warn consumers of any known risk.

The strict liability principle benefits buyers, as it compels manufacturers to conduct extensive research and establish better safety standards for their products. However, the financial burden of research and litigation is often passed on to consumers in the form of increased product prices.

Other Tort Categories in Georgia

Economic torts in Georgia safeguard trade and business against unacceptable legal interference. While it’s natural for businesses to compete, sometimes to the detriment of others, economic torts provide a shield against undue meddling. 

Economic torts fall into three categories. First is procuring or inducing a breach of contract, including the “Marex tort,” which is the intentional violation of rights in a judgment debt. The second type is causing loss by unlawful means, also known as unlawful interference. This category involves activities that interfere with economic interests. The third category, conspiracy, occurs when two or more people agree to engage in a wrongful act.

A nuisance refers to conditions on someone's property that can threaten public health, welfare, or order. In Georgia, the following things are considered nuisances:

• Stagnant water.

• Odorous or disease-causing dead matter.

• Smoke or fumes.

• Pollution of public fumes or sewerage systems.

• Keeping dangerous animals.

• Obstruction of public ways without a permit.

• Loud or unusual noises.

• Structurally unsafe walls, trees, and buildings.

• Premises used for illegal activities.

• Unsecured ice boxes or refrigerators.

Tort vs. Crime in Georgia

In Georgia, the difference between a tort and a crime lies in their legal categorization and the procedures they follow. 

A tort is a civil wrongful act that violates an individual’s personal or property rights, often resulting from negligence or intentional harm. In a tort case, the person who was harmed sues the person who caused the harm in civil court. The goal is to get money to compensate for the harm done.

A crime, on the other hand, is a wrongful act defined and prosecuted by the state or federal government. Crimes are considered offenses against society as a whole, not just against the individual victim. The government initiates the charges, and if the defendant is found guilty in a criminal case, the individual faces a prison sentence. In criminal proceedings, fines are paid to the government, with the potential provision of restitution to the victim.

In essence, the key difference between the two is that torts are personal wrongs dealt with in civil courts to compensate the victim, whereas crimes are societal wrongs handled in criminal courts to punish the offender and uphold public order. 

Mass Torts in Georgia

A mass tort is a legal action that combines numerous individual claims against a single or a few defendants, often large corporations. These claims typically share common factual and legal elements, enabling lawyers to effectively represent a large group of plaintiffs. 

The main objective of mass tort litigation is to attain maximum compensation for injuries resulting from the negligent or deceitful actions of manufacturers. This type of litigation covers a wide range of cases, including claims involving:

• Antitrust.

• Breach of warranty.

• Insurance.

• Consumer products.

• Defective design and manufacture; failure to warn.

• Pharmaceutical drugs and products. 

• Discrimination, race, EEOC, and employee benefits.

• Medical devices.

• Personal injury accidents.

Mass tort lawsuits offer several benefits: they reduce litigation costs for plaintiffs, draw public and government attention to consumer safety, and hold corporations accountable for negligence. This legal strategy compels improvements in product safety and ensures broader consumer protection. 

Mass Torts vs. Class Actions

Mass torts and class actions are legal strategies that address several claims against a common defendant. These claims typically arise from defective products or the deceitful actions of corporations. Both mass torts and class actions streamline the court process by grouping similar cases.

The main difference between class actions and mass torts is how the court handles the groups of people bringing the lawsuit. In class actions, plaintiffs form one collective unit represented by a lead plaintiff. The outcome of the lead plaintiff’s case applies to everyone, so individual cases are not heard separately. Mass torts, on the other hand, treat each plaintiff’s claim individually. Although part of a larger group, each participant in a mass tort must detail their own damages and prove personal loss, leading to various outcomes.

Settlement awards significantly distinguish class action suits from mass torts. Class action suits award a single lump sum divided equally among all members, even if their injuries differ in severity. Mass torts offer individual compensation for damages, providing victims with larger settlements and the option to reject and pursue separate cases.

The Mass Tort Process in Georgia

Some of the current procedural tools for deciding mass tort cases include the following:

• Judicial Management. Judges take an active managerial role in the litigation process, shaping cases for trial, defining issues, and controlling discovery. 

• Lawyer Organization. Attorneys on both sides organize into committees, including lead and discovery counsel, to coordinate efforts and share information. Organizing attorneys into committees is an approach that involves both plaintiff and defense lawyers forming groups to manage large volumes of cases.

• Class Actions. Employing class actions under Rule 23 of the Federal Rules of Civil Procedure allows multiple claims to be addressed by a single court.

• Multidistrict Litigation. Multidistrict litigation, or MDL, consolidates similar actions filed in different federal districts of courts for pretrial procedures. This process is designed to streamline and manage pretrial activities but does not extend to consolidating the trials themselves.

• Consolidation and Joint Trials. Courts consolidate cases for joint trials on common issues, especially in areas like asbestos injury, to increase efficiency.

• Bellwether Trials. In big, complicated lawsuits, courts use bellwether trials to test a few cases first. The results help predict how the other cases might turn out and guide settlements. They influence settlement and strategy by providing valuable insights into jury reactions, case strengths and weaknesses, and potential outcomes for similar lawsuits.

• Use of Other Management Devices. This includes intensive pretrial procedures, scheduling test cases, employing prejudicial magistrates and special masters, appointing court-designated experts, and resorting to alternative, nonjudicial dispute resolution methods.

Georgia Tort Liability Insurance Requirements

In Georgia, businesses are not required to purchase tort liability insurance but are advised to do so to protect against financial losses from lawsuits. This coverage is essential for injuries, deaths, or property damage caused by products, operations, or employee actions. Entrepreneurs should consult an insurance agent who specializes in their industry to determine the right liability coverage for their respective businesses. 

Furthermore, Georgia drivers are mandated to carry liability insurance with minimum state-mandated limits to cover damages if they are at fault in an accident that causes injury or property damage.

The Statute of Limitations for Tort Cases in Georgia

In Georgia, individuals have a two-year window to initiate personal injury tort lawsuits. This statute of limitations is vital for those seeking damages from incidents such as slips and falls and traffic accidents. Importantly, this timeframe commences on the date of the incident itself and applies regardless of when the injury, or its full extent, was discovered. So, if a person slips and falls in a store due to a wet floor, they can no longer file a claim if they discover the injury only after two years have passed since the incident.

For medical malpractice cases where injuries can manifest later, the timeline to file a claim begins when the injury is or should have been discovered. Furthermore, a rigid deadline for medical malpractice claims, known as the statute of repose, exists in Georgia. This statute limits any claim to five years after the medical error, regardless of when the plaintiff discovered the injury. 

Georgia’s statute of repose also applies to product liability claims. In these cases, claims based on strict liability or negligence against manufacturers must be filed within 10 years of the product’s market entry. This rule aims to protect manufacturers against perpetual liability while exempting cases where there’s a failure to inform consumers about potential hazards. 

How Much Can Someone Sue in a Tort Case in Georgia?

There is no set limit on the amount one can sue in a Georgia tort case. Instead, the total recoverable amount depends on the extent of general damages and quantifying special damages. 

General damages encompass non-economic losses, such as pain and suffering. Georgia sets no fixed amount for non-economic damages that a jury may award to plaintiffs. However, special or compensatory damages, including economic losses like lost wages and medical expenses, are calculated according to receipts and other evidence from the plaintiff.

Additionally, individuals involved in tort cases can seek punitive damages. These types of damages are designed to penalize the offender for particularly abominable behavior and discourage similar future conduct. These are awarded if the defendant acts with violence, fraud, or severe recklessness. 

Despite debates and legal reforms, mainly in medical malpractice cases, Georgia does not cap punitive damages, leading to potentially substantial awards. However, the 1987 Georgia Tort Reform Act addressed some concerns, specifically in product liability cases, by allocating 75% of punitive damages to the state to avoid excessive compensation beyond actual loss. Consulting with a litigation attorney can help a plaintiff determine whether punitive damages are recoverable in their case.

Other Legal Remedies in Tort Cases in Georgia

Georgia law provides for injunctions and restitution as legal remedies in tort cases. Injunctions, under Title 9 of the Georgia Code, are equity-driven orders to prevent ongoing or imminent illegal acts when no adequate legal remedy exists. They are especially crucial when there’s a serious threat to the safety of a person or property. Depending on case specifics, the court issues injunctions to preserve rights, maintain the status quo or prevent irreparable harm.

Restitution, governed by the Mandatory Restitution Act of 1996, aims to financially restore crime victims to their pre-crime status. It covers lost income, necessary expenses, and, in cases of physical injury, medical and rehabilitative care costs. Restitution is prioritized for the actual victims and is not dischargeable in bankruptcy, ensuring that offenders provide financial compensation to those they have harmed.

Resources for Tort Victims in Georgia

Georgia Office of the Attorney General

The General Litigation Division of the Georgia Office of the Attorney General offers legal advocacy in tort cases and other civil issues. This division manages legal proceedings, from initial filing to appeals, so that victims of tort would receive comprehensive legal aid. For those seeking justice, initiating contact with the Attorney General's office is pivotal. Individuals may reach out for legal consultation by calling 404-458-3600 or visiting the office at 47 Trinity Street, SW, Atlanta, GA 30334.

Atlanta Legal Aid Society

The Atlanta Legal Aid Society stands as a beacon of support for those facing tort issues in Georgia. With a team of more than 85 attorneys and 650 volunteers, this free civil legal aid manages over 20,000 cases across multiple offices annually. One can visit its main office at 54 Ellis St. NE, Atlanta, GA 30303, or call 404-524-5811. Regional support is available through its Clayton, S. Fulton, Cobb, DeKalb, and Gwinnett County offices. 

Georgia Legal Services Program

The Georgia Legal Services Program offers vital aid to tort victims, especially people in remote areas with limited access to legal resources. Established in 1968 to bridge the urban-rural gap, GLSP provides free legal services to low-income Georgians outside metro Atlanta in 154 counties. With a mission to provide equal access to justice and opportunities out of poverty, GLSP’s trusted advocates specialize in various areas, including family law, housing, and public benefits. Tort victims can contact GLSP at 404-206-5175 or 1-800-498-9469. They can also visit its office at 104 Marietta Street, Suite 250, Atlanta, GA 30303.