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What About Contributory Or Comparative Negligence?

Georgia has adopted a variation of comparative negligence. A claimant's action is barred if he could have avoided the consequences of the defendant's negligence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence.

The right of contribution is available to joint tortfeasors who are jointly and severally liable. The right of contribution is not affected by a compromise or settlement. While the right of contribution arises at the time of the initial litigation, it can be enforced in a separate action as well.

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