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GEORGIA

Negligence / Personal Injury

2 Years 2 years with Discovery Rule

Products Liability

SOL: 2 years with Discovery Rule or 1 year from date of death.
SOR: 10 Years.  Exceptions if product caused disease or birth defect or if defendant’s conduct was willful or wanton or if there was a failure to warn.

Wrongful Death

2 Years 2 years from date of death

Medical Malpractice

2 years from date of death or injury or 1 year from discovery of foreign object.  No more than 5 years from act. Minors: 2 years from age 5 if action arose before 5th birthday.

Intentional Torts

1 Year 1 year

Fraud

If defendant fraudulently “defers or debars” plaintiff for bringing action, SOL accrues upon plaintiff’s discovery of the fraud. 

Discovery Rule

SOL runs from when injury is, or should have been, discovered. See specific rules above for medical malpractice and products liability.

Disabilities

Minors (18th birthday), incompetents, insane or imprisoned persons are granted the normal SOL after removal of disability.

Municipalities

1 Year 1 Year

Sovereign Immunity

Neither implied contract nor claim couched in contract but sounding in tort will support waiver of sovereign immunity.  Sovereign immunity is waived only to extent of liability of insurance purchased.

Punitive Damages

Plaintiff must present clear and convincing evidence of malicious intent or willful or wanton conduct.
Caps: No caps for product liability cases, where there is malicious intent, or involving conduct influenced by drugs or alcohol.  Other torts caped at $250,000, but this limitation can be ignored if there is specific intent to cause harm.  In products liability cases, 75% of punitive damage award is paid to the State.

Consumer Fraud Complaint

Georgia, Governor’s Office of Consumer Affairs
(404)651-8600
(800)869-1123 (toll-free in Georgia)

Comparative Negligence

Comparative negligence rule applies but if plaintiff is 50% or more responsible or where plaintiff by ordinary care could have avoided consequences of negligence, no recovery allowed.  If plaintiff less than 50% at fault, recovery is reduced by plaintiff’s percent of fault.