What is a Tort?

In the simplest terms, a tort is a wrongful act or an infringement of a right (other than under contract) that leads to civil legal liability. When someone commits a tort, they cause harm or injury to another person, and the injured party can seek compensation through the court system. Tort law is designed to provide relief to those harmed and to deter others from committing similar wrongs.

At The Jewkes Firm, we specialize in helping clients across Georgia navigate complex tort cases, ensuring you understand your rights and pursue the compensation you deserve.

The Basics of Tort Law — A Guide for Georgia Residents

Tort law is a fundamental part of the civil justice system in Georgia. While criminal law involves the government prosecuting someone for an offense against the state, tort law is about resolving disputes between private individuals or entities over injuries or damages.

The main objectives of tort law are to:

• Compensate victims for their losses
• Deter wrongful conduct
• Promote justice by holding negligent or intentional wrongdoers accountable

There are three main categories of torts:

• Intentional Torts – When someone deliberately causes harm (e.g., assault, battery, false imprisonment).
• Negligence – When harm is caused by failing to exercise reasonable care (e.g., car accidents, medical malpractice).
• Strict Liability – When liability is imposed without fault, often related to inherently dangerous activities or defective products.

Intentional Torts – When Harm Is Deliberate

Intentional torts occur when a person purposely acts in a way that causes injury or offense to another. Some common intentional torts include:

• Assault and Battery. Assault is the threat of harm, causing the victim to fear imminent injury. Battery is the actual physical contact or harm.
• False Imprisonment. Illegally restricting someone’s freedom of movement.
• Intentional Infliction of Emotional Distress. Outrageous conduct meant to cause severe emotional trauma.
• Trespass. Entering someone’s property without permission.
• Defamation. Making false statements that damage a person’s reputation (includes libel and slander).

In Georgia, victims of intentional torts can seek damages for physical injury, emotional distress, lost wages, and sometimes punitive damages designed to punish particularly egregious conduct.

Negligence – The Most Common Basis for Personal Injury Claims

Negligence occurs when someone fails to act with reasonable care, resulting in injury or damage to another. It is the most common legal theory behind personal injury cases in Georgia including:

• Car accidents caused by careless drivers
• Slip and fall accidents on unsafe property
• Medical malpractice by healthcare providers
• Product liability involving defective or dangerous products

To prove negligence in Georgia, the plaintiff (injured party) must establish four elements:

1. Duty of Care. The defendant owed a legal duty to act with care toward the plaintiff.
2. Breach of Duty. The defendant failed to meet that duty.
3. Causation. The defendant’s breach caused the plaintiff’s injury.
4. Damages. The plaintiff suffered actual harm or loss.

For example, if a driver runs a red light and hits another car, they have breached their duty to drive safely and caused injury, making them liable for damages.

Strict Liability – Liability Without Fault

Some situations impose liability regardless of negligence or intent. Known as strict liability, it often applies to:

• Defective products. Manufacturers are held responsible if their products cause injury due to design or manufacturing defects.
• Abnormally dangerous activities. Activities that inherently carry risk, like using explosives, may result in liability even without negligence.

Strict liability protects consumers and the public by placing the burden on those who create risks to ensure safety.

How Tort Law Works in Georgia

Georgia tort law follows principles similar to other U.S. states but also includes specific statutes and case law developed by Georgia courts. Here are some key points Georgia residents should know:

Comparative Fault

Georgia follows a modified comparative fault rule. This means that if the injured party is partially at fault for their injury, their damages award may be reduced by their percentage of fault—except if they are found to be more than 50% responsible, in which case they may be barred from recovery entirely.

For instance, if you are 30% at fault in a car accident and the damages total $100,000, you may recover $70,000.

Statute of Limitations

In Georgia, the statute of limitations for most personal injury tort claims is two years from the date of the injury. This means you must file your lawsuit within two years, or you may lose your right to compensation.

Damages in Tort Cases

Victims in Georgia can recover different types of damages including:

• Economic damages (medical bills, lost wages)
• Non-economic damages (pain and suffering, emotional distress)
• Punitive damages, awarded in cases of intentional wrongdoing or gross negligence

Why You Need an Experienced Georgia Tort Lawyer

Tort claims can be complex. Insurance companies often try to minimize settlements, and defendants may dispute liability or fault. A skilled Georgia personal injury lawyer can help you:

• Understand the legal basis of your claim
• Gather critical evidence like police reports, witness testimony, and expert opinions
• Accurately calculate the full extent of your damages
• Negotiate effectively with insurers and opposing counsel
• Represent you in court if necessary

At The Jewkes Firm, our attorneys have extensive experience handling a wide range of tort cases. We are dedicated to protecting the rights of injured Georgians and securing fair compensation for your injuries.

Common Personal Injury Cases Involving Torts

Here are some of the most common types of personal injury cases we handle that arise from tort claims:

Car Accidents

Negligent drivers cause thousands of accidents each year in Georgia. Whether it’s distracted driving, speeding, or DUI, victims have legal recourse through negligence tort claims.

Slip and Fall Injuries

Property owners have a responsibility to maintain safe premises. When they fail, and someone is injured in a slip and fall, a premises liability claim may be appropriate.

Medical Malpractice

If a healthcare professional’s negligence causes injury or worsens your condition, you may have grounds for a medical malpractice lawsuit.

Product Liability

Manufacturers, distributors, and retailers can be held liable for injuries caused by defective products—from vehicle parts to household appliances.

Dog Bites

In Georgia, dog owners can be held responsible if their animal attacks or bites someone, creating grounds for an intentional or negligence-based tort claim.