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Liability for injuries while passing a construction site

On Behalf of | Oct 25, 2024 | Premises Liability

In Georgia, liability for injuries sustained on someone else’s property depends on the circumstances and events of the accident. In general, however, Georgia follows the modified comparative negligence rule.

What does this mean exactly?

Some of the key provisions in Georgia’s modified negligence rule include the following:

  • Shared fault: If a person sues for an injury and is partly to blame, the court will decide how much they are at fault and reduce the compensation by that percentage.
  • Dividing responsibility: After adjusting for the plaintiff’s fault, the court will divide the remaining damages among those responsible based on their level of fault. Each person pays only their share and is not responsible for others’ shares.
  • Considering all faults: The court will consider everyone who contributed to the injury, even if they are not part of the lawsuit.
  • Nonparty fault: If the plaintiff settles with someone partly to blame or the defendant notifies the court 120 days before the trial, the court can consider that person’s fault.
  • Nonparty fault use: The court uses fault assigned to nonparties only to calculate the percentage of fault of those in the lawsuit. It does not make nonparties liable.
  • Majority-fault Rule: If the person suing is 50% or more at fault, they cannot receive damages.

To blame someone not in the lawsuit, the defendant must file a notice with the person’s details and why they think this person is at fault.

Recovering compensation

In cases without construction or warning signs, the lack of proper warnings demonstrates negligence, strengthening your claim against the responsible parties.

However, it is still better to consider seeking advice from a lawyer to examine your legal choices and determine the best action. They can help you gather evidence, identify liable parties and seek compensation for your injuries.