Under Georgia law, what type of damages may a plaintiff recover if their total claim is less than $5,000 for trespass to chattels?

In Georgia, when a plaintiff has a claim for trespass to chattels and the total claim is less than $5,000, they may recover both compensatory and exemplary damages. Compensatory damages are intended to reimburse the plaintiff for the actual harm suffered as a result of the trespass, such as the cost of repairing or replacing the chattel.

Exemplary damages, also known as punitive damages, can be awarded in cases where the defendant has acted with intentional misconduct, malice, or gross negligence. Even if the underlying harm is less than $5,000, the court may still determine that the defendant's actions warrant exemplary damages to further deter such behavior in the future.

This dual recovery of compensatory and exemplary damages ensures that the plaintiff is fully compensated for their losses while also addressing the need for accountability and deterrence regarding egregious conduct. Such a provision balances the interests of justice and encourages responsible behavior in relation to personal property.