Child Injury FAQs
Child injury FAQs covering negligence, liability, and how families can pursue compensation for injuries to children under Georgia law.
Child Injury FAQs
What does it mean when a Georgia jury ‘apportions fault’ to a non-party?
Under O.C.G.A. § 51-12-33(c), juries must consider the fault of all persons who contributed to an injury, whether or not they are named defendants. Fault assigned to non-parties reduces the defendants’ proportional liability but does not create liability for those non-parties. Defendants use this strategically to reduce their exposure.
Can a child be assigned fault in a Georgia personal injury case?
Yes. Georgia courts and juries can allocate a percentage of fault to a child plaintiff depending on the child’s age and capacity to appreciate the risk of their conduct. Very young children are generally held to a lower standard of care. In Dingess v. Hasan, the jury assigned 10% fault to the child, which reduced—but did not eliminate—the defendants’ liability.
What is Georgia’s statute of limitations for a child’s personal injury claim?
Under O.C.G.A. § 9-3-33, the general two-year statute of limitations for personal injury claims in Georgia applies. However, for minors, the statute of limitations is typically tolled (paused) until the child turns 18, giving them until their 20th birthday to file in their own name. Parents bringing claims on a child’s behalf should still act promptly to preserve evidence and legal rights.