Multi-vehicle accidents can pose complex questions regarding liability and insurance. The Georgia Court of Appeals recently addressed such a case. The appeals court rejected a trial court’s decision to summarily rule in favor of an insurance company that argued it should not have to provide “underinsured motorist” benefits to a…
Under Georgia law, a property owner must exercise “ordinary care” in maintaining safe conditions for persons invited onto the premises. If an invited person subsequently alleges he or she suffered an accident or injury due to the owner’s failure in this regard–a premises liability claim–then the burden is on the…
In a typical premises liability lawsuit–such as a “slip-and-fall” case–the plaintiff must prove the property owner had “actual or constructive” knowledge of a hazardous condition on the property. But the property owner may attempt to defend itself by showing the plaintiff had “equal knowledge” of the hazard. If the plaintiff…
Grade-crossing collisions–accidents where trains hit vehicles–are a surprisingly common occurrence in the U.S. railroad industry. Norfolk Southern, one of the largest railroads on the east coast, reported approximately 2,500 grade-crossing collisions over a four-year period–more than one accident per day. Railroad employees are frequently injured in these collisions, and unlike…
On September 25, 2008, a driver heading west on Jackson Road (Georgia Highway 155) in Spalding County was struck by a white van traveling–well past the posted 55-mph speed limit–south on Johnny Cut Road. The subsequent collision killed the van operator and seriously injured the innocent driver of the other…
An off-duty police officer providing security for an apartment building shoots an unarmed man who was simply delivering some medication to a disabled relative. Is the apartment building owner liable? Maybe, according to a recent decision by a divided Georgia Court of Appeals. The victim in this case visited his…
The law often turns on the definition of a single word. In a recent decision, the Georgia Supreme Court unanimously defined the use of the word “occurrence” with respect to certain commercial insurance policies. The underlying case arose from allegations of faulty home construction. Curiously, the faulty construction did not…
Under Georgia law, an automobile insurance policy must provide coverage for damages sustained in an accident with an uninsured motor vehicle. The amount of uninsured motorist (UM) coverage must be at least $25,000 for injury or death to one person ($50,000 to two or more persons) or equal to the…
Is it okay for a used car salesman to lie to a customer about the condition of a vehicle? Yes, according to a recent decision by the Georgia Court of Appeals. On July 9th a three-judge panel unanimously upheld a lower court’s decision to dismiss a lawsuit against a car…
Insurance policies, such as those insuring commercial properties, usually contain a subrogation clause. In this context, subrogation means that when the insured suffers losses as the result of a third party’s conduct, the insurance company assumes the right to sue that third party for damages. Having paid the insured person’s…