Georgia Punitive Damages Laws: $250,000 Cap and Exceptions (2026)

Georgia allows punitive damages, which its code also calls vindictive or exemplary damages, only in tort actions where clear and convincing evidence shows willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences (O.C.G.A. 51-12-5.1(b)). The general cap is $250,000 in the case (51-12-5.1(g)), but there is no cap in product liability cases, or against an active tort-feasor who acted with specific intent to cause harm or while substantially impaired by alcohol or drugs (51-12-5.1(e), (f)). The Supreme Court of Georgia upheld the general cap in 2023, and some statutes for particular claims set their own limits.

In product liability cases, 75% of the award, less a proportionate part of litigation costs including reasonable attorney's fees, goes to the state treasury. Since April 21, 2025, a 2025 tort reform law (SB 68) also lets any party in a bodily injury or wrongful death case elect a phased trial with punitive damages decided last. For how other states compare, see punitive damages laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Georgia state law on punitive damages in civil cases: O.C.G.A. 51-12-5.1, the phased-trial rule in 51-12-15 added by SB 68 (2025), and the other statutes and Georgia Supreme Court decisions named below. It does not cover compensatory or noneconomic damages (see Georgia medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see Georgia wrongful death law), federal claims, or every statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.

Does Georgia allow punitive damages?

Yes, in tort actions. O.C.G.A. 51-12-5.1(a) treats several names as one remedy:

"(a) As used in this Code section, the term 'punitive damages' is synonymous with the terms 'vindictive damages,' 'exemplary damages,' and other descriptions of additional damages awarded because of aggravating circumstances in order to penalize, punish, or deter a defendant."

Their purpose is set by statute: "Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant" (51-12-5.1(c)).

The legislature controls the remedy. In Mack Trucks, Inc. v. Conkle, 263 Ga. 539, 436 S.E.2d 635 (1993), the Georgia Supreme Court began "with the premise that there is no constitutional right to an award of punitive damages," and stated that "a plaintiff has no vested property right in the amount of punitive damages which can be awarded in any case, and the legislature may lawfully regulate the amount of punitive damages which can be awarded."

Which claims the current statute governs. O.C.G.A. 51-12-5.1(h) provides that the section "shall apply only to causes of action arising on or after April 14, 1997." The older additional-damages statute, 51-12-5, "shall apply only to causes of action for torts arising before July 1, 1987" (51-12-5(b)).

Claims where punitive damages are not available.

• Contracts. "Unless otherwise provided by law, exemplary damages shall never be allowed in cases arising on contracts" (O.C.G.A. 13-6-10).
• Injury only to feelings. In a tort action in which the entire injury is to the peace, happiness or feelings of the plaintiff, "punitive damages under Code Section 51-12-5 or Code Section 51-12-5.1 shall not be awarded" (O.C.G.A. 51-12-6).

What must be proven

The conduct and the burden. O.C.G.A. 51-12-5.1(b) provides:

"(b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences."

The burden is clear and convincing evidence, and the conduct must fall within one of the listed categories.

Pleading. "An award of punitive damages must be specifically prayed for in a complaint" (51-12-5.1(d)(1)).

Is there a cap on punitive damages in Georgia?

Yes, a general cap of $250,000, with two large exceptions. Which rule applies depends on the kind of case.

The general cap. O.C.G.A. 51-12-5.1(g) provides:

"(g) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00."

The limit is written for "the amount which may be awarded in the case."

The cap was upheld. In Taylor v. Devereux Foundation, Inc., 316 Ga. 44 (2023), the Supreme Court of Georgia rejected challenges to 51-12-5.1(g) under the Georgia Constitution's rights to trial by jury, separation of powers and equal protection, and affirmed the trial court's application of the cap, which reduced a $50,000,000 punitive award to $250,000. The jury-trial ruling addressed a claim based on an "entire want of care" rather than intentional misconduct; the court later described Taylor as upholding the cap "when there was no allegation the defendant engaged in intentional misconduct" (Clark v. Leigh, 2026).

No cap in product liability cases. Under 51-12-5.1(e)(1), "in a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount which may be awarded as punitive damages." The same paragraph limits repeat awards: "Only one award of punitive damages may be recovered in a court in this state from a defendant for any act or omission if the cause of action arises from product liability, regardless of the number of causes of action which may arise from such act or omission."

No cap for specific intent to harm or impairment. O.C.G.A. 51-12-5.1(f) provides:

"(f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is substantially impaired, there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-feasor but such damages shall not be the liability of any defendant other than an active tort-feasor."

Two limits are built into that subsection. The impairment must reach the degree that the defendant's judgment "is substantially impaired," and the uncapped damages fall only on an active tort-feasor, not on any other defendant.

Claim-specific limits. Some statutes for particular claims set their own limits. Under O.C.G.A. 10-1-763(b), if willful and malicious misappropriation of a trade secret exists, the court may award exemplary damages "in an amount not exceeding twice any award made under subsection (a)." Under the Below Cost Sales Act, which covers motor fuel, a successful claimant receives punitive damages of up to $1,000 for each day the violation continued after written notice, with a maximum of $200,000 to any one plaintiff from any one defendant (10-1-255(b)). Under O.C.G.A. 12-8-96.1(a), a person liable to the state for the costs of cleaning up a hazardous release "may, in addition, be liable for punitive damages in an amount at least equal to the costs incurred by the state and not more than three times the costs incurred by the state for activities associated with the cleanup of environmental hazards." Under O.C.G.A. 10-1-702(b)(2), a principal that does not pay a sales representative's commissions within 30 days after the contract ends is liable for "exemplary damages in an amount not to exceed double the amount not timely paid." Under 10-1-773(c)(2), a person injured by a bad-faith assertion of patent infringement may seek relief that may include "punitive damages in an amount equal to $50,000.00 or three times the combined total of damages, costs, and fees, whichever is greater," a fixed measure rather than a ceiling.

Appeal bonds. A separate statute limits the security needed to stay a judgment on appeal, not the award itself. Under O.C.G.A. 5-6-46(b), the supersedeas bond or other security for any judgment, "including compensatory, special, punitive, exemplary, or other damages," required "of all appellants collectively shall not exceed $25 million regardless of the value of the judgment."

The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Georgia verdicts; the punitive damages hub explains them. In Thakkar v. Parikh (Ga. Ct. App. June 5, 2025), a fraud case in which the jury's specific-intent finding removed the $250,000 cap, the Court of Appeals reviewed a $65,000,000 punitive award de novo under those limits, held it "grossly excessive under the Due Process Clause of the Fourteenth Amendment" and vacated it.

Does Georgia take a share of the award?

Under the general punitive damages statute, only in product liability cases. O.C.G.A. 51-12-5.1(e)(2) provides:

"(2) Seventy-five percent of any amounts awarded under this subsection as punitive damages, less a proportionate part of the costs of litigation, including reasonable attorney's fees, all as determined by the trial judge, shall be paid into the treasury of the state through the Office of the State Treasurer. ... This paragraph shall not be construed as making the state a party at interest and the sole right of the state is to the proceeds as provided in this paragraph."

The trial judge, not the jury, determines the costs and fees deducted before the state's share is taken. Subsections (f) and (g), which govern every other kind of case, contain no allocation to the state.

In Mack Trucks v. Conkle, the Georgia Supreme Court upheld the state's share, reasoning that "Punishment and deterrence of the defendant being the purposes of the subsection, it is insignificant under the statute that the plaintiff does not receive the full award."

How the amount is decided at trial

Two steps under the punitive statute. Under O.C.G.A. 51-12-5.1(d)(1), "in any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings." Then, under (d)(2):

"(2) If it is found that punitive damages are to be awarded, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded according to subsection (e), (f), or (g) of this Code section, as applicable."

The 2025 phased-trial election. SB 68 (Ga. L. 2025, Act 9) added O.C.G.A. 51-12-15. "In any action to recover damages for bodily injury or wrongful death, any party may elect, by written demand prior to the entry of the pretrial order, to have fault and any award of damages determined at trial" in phases. If the trier of fact finds in the second phase "that any compensatory damages are to be awarded to the plaintiff, the trial may be recommenced immediately with the same judge and the same jury for such further proceedings as may be required, including, but not limited to, proceedings provided for in subsection (d) of Code Section 51-12-5.1 concerning punitive damages" and proceedings on attorney's fees, court costs and expenses of litigation.

The election is a party's choice, not automatic. Under 51-12-15(b), the court may reject it and order a concurrent trial of fault and damages "only upon motion by any party in opposition to such election" and a determination that the plaintiff was injured by an alleged sexual offense and would be likely to suffer serious psychological or emotional distress from testifying more than once, or that "the amount in controversy is less than $150,000.00."

SB 68 took effect on April 21, 2025, when the Governor approved it. Section 9(b) of the Act applies its provisions, other than Sections 6 and 7 (the negligent-security article and the medical special-damages rule in 51-12-1.1), to causes of action pending on the effective date, unless that application would be unconstitutional.

Arguing damages. SB 68 also revised O.C.G.A. 9-10-184, which bars counsel in bodily injury and wrongful death trials from arguing "the worth or monetary value of noneconomic damages" until after the close of evidence. That rule is written for noneconomic damages.

No double recovery of fees. Under O.C.G.A. 9-15-16(a), as set out in SB 68, "no party shall recover the same attorney's fees, court costs, or expenses of litigation more than once pursuant to one or more statutes authorizing awards of attorney's fees, court costs, or expenses of litigation, whether such statute or statutes authorize such awards for compensatory or punitive purposes," unless the statutes specifically authorize duplicate recovery.

Settlement offers. An offer of settlement under O.C.G.A. 9-11-68 must "state with particularity the amount proposed to settle a claim for punitive damages, if any" (9-11-68(a)(6)).

Drunk driving and impaired defendants

Impairment removes the cap. Under 51-12-5.1(f), there is no limit on punitive damages against an active tort-feasor who acted or failed to act "while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is substantially impaired." Those damages "shall not be the liability of any defendant other than an active tort-feasor," so only the active tort-feasor bears the uncapped award.

A claim against a local government over a covered vehicle is different: awards under the chapter that waives local government immunity for motor vehicle claims may not include punitive damages (O.C.G.A. 36-92-4(b), below). For the rest of a crash claim, see Georgia car accident law or Georgia truck accident law.

Punitive damages in Georgia wrongful death cases

Georgia's wrongful death statute measures recovery as the full value of the life: the surviving spouse or, if there is none, a child or children "may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence" (O.C.G.A. 51-4-2(a)). That section contains no provision on punitive damages, and in Engle v. Finch, 165 Ga. 131 (1927), the Georgia Supreme Court held that the amount of recovery the death statute fixes "excludes exemplary or punitive damages." Applying that precedent in Toyota Motor Corp. v. Robertson (Ga. Ct. App. Sept. 1, 2026), the Court of Appeals held that "punitive damages are not available in a wrongful death claim" and that claims for funeral and ante mortem expenses that grew out of the death "would not be eligible for punitive damages" either. The court cited an earlier decision, Roseberry v. Brooks (Ga. Ct. App. 1995), which found that in that case punitive damages were available only for causes of action alleging negligence resulting in pain and suffering.

Two statutes do speak to death cases:

• The phased trial. O.C.G.A. 51-12-15 applies to any action for wrongful death, so a party may elect the phased procedure described above.
• A wrongdoer who dies first. Under O.C.G.A. 9-2-41, if the wrongdoer dies before an action has been brought, "the personal representative of the wrongdoer in such capacity shall be subject to the action just as the wrongdoer himself would have been during his life, provided that there shall be no punitive damages against the personal representative."

Who brings a death claim, and the deadlines, are on the Georgia wrongful death page.

Government defendants

State entities. Under the Georgia Tort Claims Act, "No award for damages under this article shall include punitive or exemplary damages or interest prior to judgment" (O.C.G.A. 50-21-30).

Local government motor vehicle claims. In the chapter that waives local government immunity for negligent use of a covered motor vehicle, "No award for damages under this chapter shall include punitive or exemplary damages" (O.C.G.A. 36-92-4(b)).

Other Georgia statutes on punitive damages

Several statutes for particular claims allow or bar punitive damages.

• Defamation retractions. Under O.C.G.A. 51-5-11 (libel) and 51-5-12 (broadcasts), "the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages" if the defendant proves either that the statement was published without malice and was corrected and retracted on time after a demand (with an editorial repudiation if requested), or that the plaintiff made no request for correction and retraction (51-5-11(b)-(c), 51-5-12(b)-(c)). See Georgia defamation laws.
• Managed care plans. An injury or death to an enrollee from a managed care entity's want of ordinary diligence "shall be a tort for which a recovery may be had against the managed care entity offering such plan, but no recovery shall be had for punitive damages for such tort" (O.C.G.A. 51-1-48(a)).
• Personal care home residents. "Where a violation of a resident's rights has been found, the resident shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages" (O.C.G.A. 31-8-136(a)).
• Drug Dealer Liability Act. A person entitled to recover under O.C.G.A. 51-1-46 "may recover economic, noneconomic, and exemplary damages and reasonable attorneys' fees and costs, including, but not limited to, reasonable expenses for expert testimony" (51-1-46(g)(1)).

Does insurance pay punitive damages in Georgia?

Georgia does not bar insuring them. In Greenwood Cemetery, Inc. v. Travelers Indemnity Co., 238 Ga. 313 (1977), the Georgia Supreme Court held that the question "has been resolved in Georgia by Acts of the Legislature," and that "punitive damages is a legal liability and accordingly insurance against such damages is expressly authorized." The decision predates the current punitive damages statute.

Georgia punitive damages at a glance

Recent changes

The major recent change is SB 68 (Ga. L. 2025, Act 9), which took effect April 21, 2025. It did not amend O.C.G.A. 51-12-5.1, so the standard, the $250,000 general cap, its exceptions and the product liability state share are unchanged. It added the phased-trial election in 51-12-15 and also contains the noneconomic damages argument rule in 9-10-184 and the fee double-recovery rule in 9-15-16(a). The Legislative Counsel's summary of general statutes enacted in 2025 lists 51-12-15 and 9-10-184 and no amendment to 51-12-5.1.

Related pages

• Punitive damages laws by state
• Georgia wrongful death law
• Georgia car accident law
• Georgia defamation laws

This article provides general legal information about Georgia punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Georgia.

Last updated: 2026-10-18.

Frequently Asked Questions

Does Georgia allow punitive damages?

Yes, in tort actions. Under O.C.G.A. 51-12-5.1(b), punitive damages may be awarded only where clear and convincing evidence shows willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. Georgia law also uses the terms vindictive and exemplary damages for the same thing (51-12-5.1(a)).

What is the cap on punitive damages in Georgia?

Generally $250,000 in the case (O.C.G.A. 51-12-5.1(g)). The cap does not apply in product liability cases, or against an active tort-feasor who acted with specific intent to cause harm or while substantially impaired by alcohol, drugs other than lawfully prescribed drugs, or intentionally consumed glue, aerosol or other toxic vapor (51-12-5.1(e), (f)). The Supreme Court of Georgia upheld the general cap in Taylor v. Devereux Foundation (2023), and some statutes for particular claims set their own limits, such as up to twice the damages for willful and malicious trade-secret misappropriation (10-1-763(b)).

Is there a punitive damages cap for drunk drivers in Georgia?

No cap applies against an active tort-feasor who acted or failed to act while under the influence of alcohol or drugs other than lawfully prescribed drugs to the degree that his or her judgment was substantially impaired (O.C.G.A. 51-12-5.1(f)). Those uncapped damages are not the liability of any defendant other than the active tort-feasor.

Does Georgia take part of a punitive damages award?

Under the general punitive damages statute, only in product liability cases. Under O.C.G.A. 51-12-5.1(e)(2), 75% of a product liability punitive award, less a proportionate part of the costs of litigation including reasonable attorney's fees, as determined by the trial judge, is paid into the state treasury. The statute has no state share for other punitive awards.

What did Georgia SB 68 change about punitive damages?

SB 68 (2025) did not amend the punitive damages statute, O.C.G.A. 51-12-5.1. It added 51-12-15, which lets any party in a bodily injury or wrongful death case elect, by written demand before the pretrial order, a phased trial in which the punitive proceedings follow a compensatory damages phase. It took effect April 21, 2025, and also applies to causes of action pending on that date unless that would be unconstitutional.

Are punitive damages available in a Georgia wrongful death case?

The wrongful death statute, O.C.G.A. 51-4-2(a), measures recovery as the full value of the life of the decedent and contains no provision on punitive damages, and Georgia courts hold that punitive damages are not available in a wrongful death claim (Engle v. Finch, Ga. 1927; Toyota Motor Corp. v. Robertson, Ga. Ct. App. Sept. 1, 2026). In Robertson, claims for funeral and ante mortem expenses that grew out of the death were not eligible for punitive damages either. Under 9-2-41, no punitive damages may be recovered from the personal representative of a wrongdoer who died before suit was filed. The phased-trial rule in 51-12-15 applies to wrongful death actions.

Are punitive damages available against the State of Georgia?

No award under the Georgia Tort Claims Act may include punitive or exemplary damages or interest prior to judgment (O.C.G.A. 50-21-30), and awards under the chapter waiving local government immunity for covered motor vehicle claims may not include them either (36-92-4(b)).

Does insurance cover punitive damages in Georgia?

The Georgia Supreme Court held in Greenwood Cemetery, Inc. v. Travelers Indemnity Co. (1977) that insurance against punitive damages is expressly authorized by statute and not contrary to public policy.

Are punitive damages available for breach of contract in Georgia?

Generally no. O.C.G.A. 13-6-10 provides that, unless otherwise provided by law, exemplary damages shall never be allowed in cases arising on contracts, and 51-12-5.1(b) limits punitive damages to tort actions.