How does Georgia statutory law treat the effect of releasing a single tortfeasor?

· 2 min read

Georgia’s statutory framework rejects the old rule that releasing one wrongdoer discharges all of them, and instead lets a claimant settle with one party while keeping claims against the others alive. O.C.G.A. § 51-12-32 addresses joint wrongdoers and the effect of settlement, working alongside the state’s apportionment scheme to govern how releasing a single tortfeasor plays out.

Departure from the common-law rule

At common law, a release of one joint tortfeasor often released them all, which discouraged partial settlements and trapped unwary claimants. Georgia statutory law changed that. Under § 51-12-32, settling with and releasing one party does not automatically discharge the others. A claimant can resolve one defendant’s exposure and continue pursuing the remaining ones, so long as the settlement is structured to do that and the claimant has not already been fully compensated.

How the statute interacts with apportionment

Georgia divides damages by percentage of fault under its comparative-fault and apportionment rules, which changes the calculus of partial settlements:

  • Each defendant’s responsibility is measured by that defendant’s share of fault.
  • Releasing one party resolves that party’s piece without necessarily affecting the others’ separate shares.
  • The claimant cannot recover the same damages twice, so prior settlement amounts are taken into account.

Because fault is apportioned rather than imposed jointly in the old all-or-nothing sense, settling with one tortfeasor is more naturally a partial resolution than a global one. That structure supports a claimant’s ability to take one defendant’s payment and litigate against the rest.

The role of intent and wording

Even with the statute, the agreement’s language still matters. A document that reads as full satisfaction of the entire claim can end the matter against everyone, while one that resolves only the settling party’s share preserves the remaining claims. A covenant not to sue a single party is treated as not discharging the others. The statutory default favors preserving claims, but careful drafting confirms which outcome the parties intend.

The bottom line

Georgia statutory law, through O.C.G.A. § 51-12-32 and the state’s apportionment rules, treats the release of a single tortfeasor as a partial resolution that does not automatically free the rest. A claimant may settle with one party and pursue the others, subject to the limit that the same injury cannot be paid for twice and to whatever the settlement’s own language provides.

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.

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