Four: duty, breach, causation, and damages. Georgia’s Supreme Court stated them in Bradley Center v. Wessner (1982), and every injury claim built on negligence has to prove all four.
| Element | What it asks | Georgia source |
|---|---|---|
| Duty | Did the law require care toward this person? | O.C.G.A. § 51-1-2 sets the ordinary diligence standard; § 51-3-1 applies it to land; § 51-1-6 reaches duties in other statutes |
| Breach | Did the person fall short of what ordinarily prudent people do in the same circumstances? | § 51-1-2 |
| Causation | Did the breach cause the injury, and was the injury close enough? | §§ 51-12-8, 51-12-9 |
| Damages | Is there a real loss? | § 51-12-4 |
Duty is a legal question for the judge, while breach and causation generally go to the jury. That split explains why cases sometimes end early: a landowner may win on the basis that no duty exists to a trespasser, but a dispute about how long a spill sat goes to trial.
A specific statute can raise or lower the standard. Medical care uses a professional standard under § 51-1-27, and a social guest receives only protection against willful or wanton injury under § 51-3-2. Some statutes also require more than simple negligence, such as “gross negligence” in the emergency room rule at § 51-1-29.5.
The plaintiff’s own conduct comes after these elements. Section 51-12-33 reduces recovery, and bars it at 50 percent, while § 51-11-7 says a plaintiff who could have avoided the consequences by ordinary care can’t recover.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.