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★ Georgia · fracture

Fracture settlements
in Georgia.

By Reviewed by Abd Shanti, Founder9 min read

Georgia fall cases turn on who knew about the hazard. A skater who broke her ankle on a wet rink floor got her case back on appeal, while a woman who fractured her foot in a hole hidden in the grass lost because no ordinary inspection would have found it.

Facts that decide a fracture claim in Georgia

Superior knowledgeAn owner is liable for a fall only if it knew or should have known of the hazard and the injured person did not; a defect found only by stepping in it or searching the grass is not something an ordinary inspection reveals.Ermert v. Wildwood at Meadow Gate HOA (Ga. Ct. App. 2020)
Fault rule“The plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed”; below that, damages are reduced by the plaintiff’s share.O.C.G.A. § 51-12-33(g), as quoted in Barefoot v. Denson (Ga. Ct. App. 2022)
Deadline to sueTwo years for injuries to the person.O.C.G.A. § 9-3-33, as applied in Toliver v. Dawson (Ga. Ct. App. 2023)
Claims against governmentNotice to cities within 6 months and to counties and the State within 12 months; State liability capped at $1 million per person.O.C.G.A. §§ 36-33-5, 36-11-1, 50-21-26, 50-21-29, in the MyClaimWorth notice of claim chart
united states · sister site
Your fracture claim in Georgia. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ GA · reported fracture outcomes

What Georgia courts have awarded.

Real Georgia decisions and verdicts, each linked to the court record or official report.

  • Luckett v. Sparkles of Gwinnett
    Court of Appeals of Georgia · 2022
    Summary judgment for rink reversed

    Julie Luckett was coasting around a skating rink when her right foot slipped on something wet; as she fell, her ankle twisted and broke. She said it was hot inside, the doors were open, and she did not see the wet floor before she fell. The trial court granted summary judgment to the rink, and the Court of Appeals reversed.

  • Ermert v. Wildwood at Meadow Gate HOA
    Court of Appeals of Georgia · 2020
    Summary judgment for HOA affirmed

    In September 2016 Judy Ermert was walking in a common area near a pond in a Gwinnett County subdivision when she stepped in a hole in the grass, fell and fractured her foot. The court held the defect could not have been found by an ordinary inspection and affirmed judgment for the homeowners association and its manager.

★ GA · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Georgia.

  1. 1

    Explain where the hazard came from. Luckett tied the wet floor to heat and open doors, which helped show the rink should have known.

  2. 2

    Hidden defects cut against liability. Ermert lost because the hole could only be found by stepping in it.

  3. 3

    Georgia bars recovery at 50% fault, one point lower than many states, so fault arguments in fall cases carry high stakes.

★ GA · statute of limitations
2 years from date of injury

O.C.G.A. § 9-3-33

★ GA · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault (any fault of 50% or greater bars recovery).

★ GA · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Georgia.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Georgia's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Georgia · you are hereModified comparative, 50% bar2 years from date of injury—
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · fracture →
MississippiPure comparative negligence3 years from date of injuryMS · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
IdahoModified comparative, 50% bar2 years from date of injuryID · fracture →
KansasModified comparative, 50% bar2 years from date of injuryKS · fracture →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · fracture →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · fracture →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · fracture →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
★ GA · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Georgia? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of GA
Georgia overview

Fault rule, statute, caps, and key facts for Georgia as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Georgia. See /methodology, /sources, and /disclaimer.