Many personal injury lawsuits come down to a “he said/she said” conflict: Two people get into an accident and each accuses the other of causing it. But what happens when one of the parties dies as the result of the accident, and there is no way to prove or disprove…
“Get your story straight” is good advice in life, and particularly when dealing with litigation. When a party to a personal injury lawsuit offers contradictory testimony, it can have a devastating effect on their case. In Georgia, courts enforce what is known as the Prophecy rule, which holds “when a…
On July 13, the Georgia Supreme Court issued an interesting decision regarding the use of expert witnesses in medical malpractice cases. Georgia law requires a person alleging malpractice present an affidavit from “an expert competent to testify” as to the medical provider’s negligent act. Without such an affidavit, the trial…
As a general rule, a property owner is liable for any dangerous conditions that he knows about or reasonably should have known about. The former is known as “actual notice,” while the latter is “constructive notice.” This applies not just to private property owners, but also city and county governments,…
In Georgia, most dog owners can be held liable if their animal bites or injures someone. Unfortunately, “most dog owners” do not include police officers, according to a recent Georgia Supreme Court decision. The justices reversed a lower appeals court which previously held a police officer could be sued for…
In Georgia, an employer is normally liable for the tortious acts of its employees. This is known as the doctrine of “respondeat superior.” But what happens when an employee injures someone outside the scope of their employment? A federal judge in Valdosta recently addressed such a situation. United States Liability…
The rules of the road are not the same for all vehicles. Emergency vehicles including fire trucks, police cars and ambulances enjoy certain legal privileges. Under Georgia law, when such vehicles are actually “responding to an emergency call,” they can run red lights or stop signs without stopping. However, emergency…
On June 15, the Georgia Supreme Court issued an important decision in a case that may affect the rights of uninsured individuals who attempt to contest large hospital bills. Victims of motor vehicle accidents often have to deal with the physical, mental and financial stress of recovering from their injuries.…
In Georgia, product manufacturers are held to a strict liability standard. This means they are responsible for any injuries caused to individuals by a product that is “not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.” The…
Winning a personal injury judgment is not always the end of the matter. If a defendant or his insurance company refuses to pay up, a victim may face years of additional court proceedings. In some cases, a victim may even have to fight his or her own insurance company, as…