What kinds of defenses can the defendant raise in their Georgia answer?

· 3 min read

A defendant’s answer can contain several categories of defense, from technical challenges to how the case was brought to substantive arguments about fault and damages. Some defenses must be raised in the answer or they are lost, while others go to the heart of whether the defendant is liable.

Procedural and threshold defenses

Certain defenses attack the lawsuit’s footing rather than its merits, and Georgia treats them as easily waived if not asserted early. Under O.C.G.A. § 9-11-12, defenses such as lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process must be raised by motion or in the answer. A defendant who litigates without raising these typically gives them up. These defenses do not deny that the incident happened; they argue the case is in the wrong place or was not started correctly.

A defendant may also assert that the complaint fails to state a claim, contending that even if the facts alleged are true, they do not amount to a legal basis for recovery.

Affirmative defenses on the merits

Affirmative defenses accept that the plaintiff has stated a claim but offer reasons the defendant should not be held liable or should owe less. In Georgia injury cases, frequently raised affirmative defenses include:

  • The two-year statute of limitations under O.C.G.A. § 9-3-33, arguing the claim was filed too late.
  • The plaintiff’s own comparative negligence under O.C.G.A. § 51-12-33, which can reduce or, at 50% or more fault, bar recovery.
  • Assumption of the risk, where the plaintiff knowingly accepted a danger.
  • A release or prior settlement that resolved the claim.

The defendant generally bears the burden of proving an affirmative defense, and failing to plead one in the answer can forfeit it.

Factual denials and apportionment

Much of an answer simply denies the plaintiff’s account, putting fault, causation, and the extent of injuries in dispute. A defendant may argue the injuries were not caused by the incident, were less severe than claimed, or stemmed from a pre-existing condition. Georgia’s apportionment framework also lets a defendant point to the fault of others, so the answer may set up arguments that responsibility belongs partly or wholly to the plaintiff or to a nonparty.

The bottom line

In a Georgia answer, a defendant can raise threshold defenses like jurisdiction, venue, and service that must be asserted promptly under O.C.G.A. § 9-11-12, affirmative defenses such as the statute of limitations and comparative negligence, and factual denials disputing fault, causation, and damages. Many of these defenses are waived if left out of the answer, which is why the response is drafted carefully.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

Related:

  1. Can the defendant raise defenses against the family that it could have used against the decedent? Generally yes. A Georgia wrongful death claim is derived from the wrong done to the decedent, so a defendant can usually assert against the family the same defenses it could......
  2. What is the defendant’s answer in a Georgia personal injury lawsuit? The answer is the defendant's formal written response to the complaint. It tells the court which allegations the defendant admits or denies and raises any defenses, and filing it is......
  3. How long does a Georgia defendant have to file an answer to my complaint? Georgia gives a defendant a set period after being served to respond to the complaint. The standard window is 30 days, measured from the date of service, and missing it......
  4. Can one defendant force another defendant to pay back a share in Georgia? Georgia's apportionment system largely removed the traditional reason defendants used to chase each other for reimbursement. Because each liable party generally pays only its own assigned percentage, there is usually......
  5. What kinds of case expenses get deducted from my Georgia settlement? Case expenses are the out-of-pocket costs spent to investigate, build, and pursue a claim, and they are deducted from the settlement separately from the attorney's percentage fee. These are real......
  6. Does the tenant or the landlord answer for a hazard inside a leased Georgia home? The answer is a sorting question, not a single rule: the analysis starts with the hazard itself and traces it to whoever controlled the condition that caused it. Georgia routes......
  7. What is a motion to compel when someone won’t answer discovery in Georgia? A motion to compel is the formal request that asks a judge to order an uncooperative party to actually answer discovery. When one side ignores interrogatories, refuses to produce documents,......
  8. What are interrogatories and do I have to answer them in Georgia? Interrogatories are written questions one party sends to another during discovery, and the receiving party must answer them under oath. In Georgia, a party served with proper interrogatories generally is......
  9. Did Georgia change the law that let you name the truck insurer as a defendant? Yes. Georgia revised its long-standing direct-action rule in 2024, replacing broad access with a narrow one. The practical result is that, for most newer crashes, an injured person can no......
  10. Can a defendant use my airbag vest or armor to argue my injuries were avoidable in Georgia? A defense lawyer can raise the subject of an airbag vest or body armor in a Georgia case, but it usually works against the defendant's own narrative rather than for......
  11. Is each defendant in Georgia only liable for their own assigned share of damages? As a general matter, yes. Georgia's apportionment statute ties each defendant's payment obligation to that defendant's own percentage of fault. Under O.C.G.A. § 51-12-33, once a jury allocates fault, a......
  12. Will the defendant’s insurance pay a punitive damages award in Georgia? Whether insurance covers a punitive award depends on the policy and on what the defendant did, and the answer is often no. Liability insurance is designed to cover accidental harm,......
  13. Does apportionment apply when there is only one defendant in my Georgia case? Yes. In a single-defendant Georgia case, the apportionment statute still applies, and a jury can place fault on the plaintiff and on properly identified non-parties even though only one defendant......
  14. Can the defendant pay less because I was more fragile than an average person in Georgia? No. A defendant in Georgia generally cannot reduce what they owe by arguing that the injured person was unusually vulnerable. The long-standing rule is that a wrongdoer takes the victim......
  15. Can the defendant tell the jury my health insurance already paid my bills in Georgia? The answer now depends on when the incident happened. For older claims, Georgia's traditional collateral source rule kept a negligent defendant from telling the jury that the injured person's health......

Leave a Reply