Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

GEORGIA

Negligence / Personal Injury

2 years with Discovery Rule

Wrongful Death

2 years from date of death

Medical Malpractice

2 years from date of death or injury or 1 year from discovery of foreign object. SOR:  No more than 5 years from act. Minors: 2 years from age 5 if action arose before 5th birthday. 1 year for foreign object left in body to run from discovery of negligence.

Malpractice (Other Professions)

2 years

Products Liability

2 years with Discovery Rule or 1 year from date of death.
SOR: 5 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.

Intentional Torts

2 or 1 year depending on type of case.

Fraud

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

Municipal Liability/Sovereign Immunity

1 Year. 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.

Discovery Rule

Limitations period runs from time nature of injury and casual connection between injury and negligent conduct known or should have been known. Rule not applicable: to property damage claims, medical malpractice, contract claims or wrongful death actions.

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.

Charitable Immunity

Still applies.

Disabilities

Minors (18th birthday), incompetents, insane or imprisoned persons are granted the normal SOL after removal of disability. SOL does not run during absence or concealment of defendant.
Medical Malpractice: Once minor attains 5 years, there is a 2 year maximum.  
Negligence: After age 10, action for negligent act that occurred before 5th birthday is barred.

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
http://consumer.georgia.gov/02/oca/home/0,2471,5426814,00.html;jsessionid=1C76F9F51DDF44E1167BCEE4FC280B2D
(404)651-8600
(800)869-1123 (toll-free in Georgia)