Search Site
Menu
FREE Case Evaluation 877-884-8579
Negligence Under Georgia Law

Negligence Under Georgia Law

When a personal injury happens to you or a loved one, you want to do everything in your power to prove that the at-fault party was negligent. However, often times those injured don’t understand what is required to prove negligence or the definition of negligence under Georgia law. Therefore, to better understand how the system works, and help you determine if your case involves negligence, we’ve put together the following explanation which we call, “Negligence 101.”

Negligence is the most common basis for personal injury lawsuits. It describes a situation in which a person acts in a careless (or negligent) manner, which results in someone else being injured hurt or property being damaged.

The Elements of Negligence

A personal injury lawsuit isn’t straight forward. There are several elements required in order to prove negligence: Duty, Breach of Duty, Causation and Damages.

 Duty: Did the defendant owe a legal obligation to the plaintiff? This is the first question that needs to be answered in order to prove whether there was a relationship between the 2 parties – resulting in the defendant owing a “duty of care” to the plaintiff.  As an example, the rules of the road dictate that drivers owe one another a duty to keep a safe distance between their cars.

 Breach of Duty: A defendant is liable for negligence when the defendant breaches the duty that the defendant owed to the plaintiff. When failing to exercise reasonable care in fulfilling the duty, the defendant has breached this duty.  Using the prior example, if a driver fails to maintain a safe distance between their car and the car ahead of them by rear-ending that car, they breach their duty (i.e., following too closely).

 Causation: Georgia law recognizes 2 types of causation,

  • Cause in Fact: A plaintiff must prove that due to the defendant’s actions, the defendant caused the plaintiff’s injuries. Often times we employ the “but for” test – “but for” the defendant’s negligent acts, the plaintiff would not have been injured.
  •  Proximate Cause: This refers to the responsibility of the defendant. The responsibility lies only for those “harms” that the defendant could have foreseen through his or her actions. Anything outside the scope (injury that happens in a separate instance to the plaintiff) is not the responsibility of the defendant.

 Damages: Lastly, a plaintiff in a negligence case must prove a “legally” recognized harm. This is shown through physical bodily injury or property damage. The failure to exercise reasonable care must result in actual damages to a plaintiff to whom the defendant owed a duty of care.

While seemingly straightforward, all of these elements a required in order to lay the ground work for a negligence claim. If you have been injured due to the negligence of someone else, we ask you to contact our office immediately. Do not allow someone else’s failure to exercise reasonable care be a reason for life-long suffering. Contact us today!

Our Attorneys
Videos & Media

  • Meet Kaine Law

    Experienced Atlanta auto accident lawyer Evan Kaine understands the physical, financial and emotional impact an injury can have on you and the people you love. That is why at Kaine Law, LLC, we have dedicated our legal practice to assisting victims of injuries caused by the negligence of others



  • Top 5 Reasons Why
    Kaine Law is Right for You



  • Atlanta Car Accident Lawyer - Kaine Law, LLC



  • June is National Safety Month

    Personal Injury Attorney Talks Staying Safe



  • Georgia Motorcycle Laws

    New Rider's Guide

Awards & Affiliations
  • Best Places To WOrk
Reviews & Ratings
  • lawyers
    5.0/5.0

    Working with the attorneys and staff at Kaine Law was a very refreshing experience. They made the process of handling our accident claim as stress free as possible. We were apprised on every aspect of the case, and they were very quick to respond t...

    Read more

    Client

  • lawyers
    5.0/5.0

    Lisa, Marissa, and Lorena are a bunch of top-notch ladies. They were truely concerned for me throughout my case, and kept in constant contact with me. They never once hesitated to go the distance for me, and made me feel like I actually mattered as a...

    Read more

    Client

  • lawyers
    5.0/5.0

    Great character. Excellent lawyer!

    Read more

    Managing Partner

  • lawyers
    5.0/5.0

    Good lawyer, ethical, skilled, trustworthy.

    Read more

    Sole Practitioner

  • lawyers
    5.0/5.0

    Evan is an outstanding attorney - highest ethical character possible. I highly recommend him for an AV Rating.

    Read more

    Sole Practitioner

See all reviews
Contact us

Quick Contact Form