In Georgia personal injury cases, defendants often try to reduce what they owe by pointing at someone who is not even in the lawsuit. Lawyers sometimes call this “phantom” fault, but Georgia law calls it nonparty fault.

If a jury assigns a percentage of fault to a nonparty, the defendant’s share of damages can drop, even when that nonparty never appears in court. Georgia’s apportionment statute drives this process, and it can shape settlement value long before trial.

This post explains how nonparty fault works, what defense tactics look like, and how plaintiffs can respond.

Nonparty Fault and Apportionment

Georgia requires the factfinder to assign fault percentages and reduce a plaintiff’s recovery by the plaintiff’s share of fault. The statute also allows the factfinder to consider the fault of certain nonparties, which can shift percentages away from the named defendant.

Defendants sometimes try to widen the blame story by pointing to someone who is not in the case, such as a driver, an employer, or a contractor. If they offer enough supporting facts, they can ask the jury to assign part of the fault to that nonparty, which reduces their share of damages.

Georgia Nonparty Notice and Proof

The statute includes a notice mechanism. A defendant can seek nonparty apportionment if the plaintiff settled with that nonparty or if the defendant gives notice at least 120 days before trial that a nonparty was wholly or partially at fault.

Notice does not equal proof. Georgia’s Supreme Court has explained that nonparty “fault” under the statute requires evidence that the nonparty committed a tort that proximately caused the injury. In plain terms, the defense needs more than finger-pointing. It needs facts that connect the nonparty’s conduct to what happened.

Speak With Morris & Dean About Your Options

Plaintiffs have more control than it sometimes feels. The key is building a clean record before the defense’s theories harden.

Morris & Dean represents injured people in North Georgia in matters like motor vehicle and truck accidents. If the defense tries to shift blame to a nonparty, we can evaluate the notice, test the evidence, and explain how apportionment may affect our approach to the claim. Contact Morris & Dean at 706-222-3790 or use the intake form.