Georgia Apportionment of Damages Notice

Georgia's apportionment statute, OCGA § 51-12-33, permits a jury to apportion fault to nonparties identified by defendants. The defendant must give notice to opposing parties at least 120 days before trial under § 51-12-33(d)(1), identifying the nonparty by name (or by category if the name is unknown) and stating the factual basis for the apportionment. The Georgia Supreme Court's 2022 decision in Alston & Bird v. Hatcher Management Holdings narrowed apportionment to cases with multiple defendants, and subsequent legislative activity has modified the statutory framework. Verify the current state of the apportionment statute and applicable case law before relying on this notice, as the legal landscape has continued to evolve. The notice does not subject the named nonparty to liability but preserves the defendant's right to argue allocation of fault at trial.