According to Georgian legislation, the person causing the damage is obliged to compensate the injured party for the damage caused by their actions.
For the imposition of the obligation to compensate for damage, it is necessary that:
There is damage,
The damage must have been caused by an unlawful act,
The damage must have been caused by the act of the person causing the damage, and
The damage must have been caused by a culpable act.
Accordingly, liability for causing damage rests with the person causing the damage; however, the legislation provides for certain exceptions to the general rule.
First of all, it should be noted that a person under the age of 10 is not liable for damage caused by them. At the same time, parents or other persons obliged to supervise a person under the age of 10 are required to compensate for the damage caused by such person through unlawful conduct. Parents are exempt from compensation if they could not have prevented the damage.
A minor over the age of 10 is not liable for damage caused to another if they could not understand the significance of their actions.
The legislation also provides an exception in the case where a person known as a recipient of support causes damage, if a supporter was appointed for them by a court decision in the field of prevention of damage. The obligation to compensate for damage caused by the recipient of support rests with the recipient, except in cases where a supporter was appointed by court decision to prevent the infliction of damage.
A person who is temporarily unconscious or in a state of mental disorder is not liable for the damage caused. If the person has placed themselves in such a condition through the use of alcoholic beverages or similar substances, they are not exempt from liability, except in cases where they found themselves in such a condition without fault.
