An action against several persons shall not abate where it appears that some of the defendants are not liable but may proceed against those who are liable.
§ 9-2-43.No abatement where some defendants not liable
Chapter 2. Actions Generally · Article 3. Abatement · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-43 provides that an action brought against several persons does not abate merely because it turns out that some of the named defendants are not liable, allowing the plaintiff to proceed against whichever defendants remain liable rather than losing the entire case over one defendant’s lack of liability.
Full Text of § 9-2-43
Plain-English Summary
Naming the wrong defendant, or a defendant who turns out not to be liable, is a common enough hazard in multi-party litigation. This section makes sure that mistake doesn’t sink the whole case.
When an action is brought against several persons and it turns out that some of them aren’t liable, the case doesn’t abate on that account. The plaintiff can proceed against the defendants who are liable, leaving the non-liable defendants out of the judgment without losing the claims against everyone else.
This works alongside the broader nonabatement principles found elsewhere in this article: just as death doesn’t necessarily end a case, discovering that a defendant isn’t liable doesn’t end it either, as long as at least one defendant remains who is.
Frequently Asked Questions
Does a lawsuit against multiple defendants fail if one of them turns out not to be liable?
No. The section states that the action shall not abate where it appears that some of the defendants are not liable.
Can I still recover from the defendants who are liable if others aren’t?
Yes. The action may proceed against those defendants who are liable.
Does this section apply to lawsuits with only one defendant?
The text addresses an action against several persons, meaning more than one defendant.
What happens to the claims against a defendant found not liable?
The section doesn’t spell out a separate procedure for those claims; it addresses only the continued viability of the action as a whole against the defendants who remain liable.
How is this section related to the general rule that death doesn’t abate an action?
It applies the same nonabatement approach to a different problem — instead of a party’s death, it addresses a finding that some defendants are not liable, and keeps the case alive against those who are.
Amendment History
Orig. Code 1863, § 3375; Code 1868, § 3394; Code 1873, § 3442; Code 1882, § 3442; Civil Code 1895, § 5039; Civil Code 1910, § 5621; Code 1933, § 3-504.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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